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(영문) 부산지방법원 2019.08.23 2017나6433
관리비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The plaintiff is the management body of the apartment of this case as the council of occupants' representatives of Busan Shipping Daegu apartment (hereinafter "the apartment of this case"). The defendant is the owner of the part of exclusive ownership of the apartment of this case C (hereinafter "the apartment of this case").

B. The Defendant did not pay 3,921,688 won in total as management expenses and late payment fees from June 2014 to February 2017 for the apartment owned by the Defendant.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 5, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff KRW 3,921,688 in total of the unpaid management expenses and late payment fees from June 28, 2014 to February 2, 2017, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 28, 2017 to the day following the delivery of a copy of the complaint of this case.

3. Judgment on the defendant's assertion

A. Although the Defendant asserts that there is no record of receipt of the notice from the Plaintiff on the payment of management expenses and late payment fees, the Defendant does not have an obligation to pay them. However, if it is placed in an objective condition that the other party would have become aware of the content of the notification, it shall be deemed that the notification was received if it was given to the objective condition that the other party would have been able to know the content of the notification, and it is not necessary until the other party actually received the notification or was aware of the content of the notification. In full view of the overall purport of the statement and the argument, the Plaintiff may recognize the fact that the Plaintiff issued the notice on the payment of management expenses for the apartment owned by the Defendant from June 2014 to February 2017 and administered it to the mail in question,

It is not different even if there is no difference.

Therefore, the defendant's above argument is justified.

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