Rotten-Wurg Co., Ltd. (Law Firm International Law, Attorney Creation-in-Law, Counsel for defendant

Defendant

September 13, 2007

Daegu District Court Decision 2005Kadan13050 Decided January 18, 2007

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be divided into two parts, one of which shall be borne by the Plaintiff, and the remainder by the Defendant.

1. Purport of claim

The defendant shall pay to the plaintiff 32,732,090 won and 32,181,810 won with 20% interest per annum from the day after the date of the judgment of the court of first instance to the day of full payment.

2. Purport of appeal

The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant shall pay to the plaintiff 5,198,830 won with an interest rate of 20% per annum from the day after the day of sentencing of the court of first instance to the day of full payment.

Defendant: The judgment of the first instance court is revoked. The Plaintiff’s claim is dismissed.

1. Quotation of judgment of the first instance;

The reasoning for the court’s explanation concerning the instant case is as follows, except for adding the following judgments to the Plaintiff’s assertion, and therefore, it is consistent with the reasoning of the judgment of the court of first instance under Article 420 of the Civil Procedure Act.

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion

The plaintiff asserts to the purport that, although the period of extinctive prescription is five years since the claims, such as general management expenses excluding electricity charges, water supply and sewerage charges, cooling and heating charges, outsourcing service charges, insurance premiums, special repair reserve, commercial building revitalization fund, etc., are claims arising from the plaintiff's commercial activities, the court of first instance held that the three-year extinctive prescription has expired on October 5, 2005 on the ground that the claim for management expenses and the previous management expenses was filed on August 5, 2005, which was three years after the due date.

B. Determination

However, the term "claim within a period of one year" under Article 163 subparagraph 1 of the Civil Act, which is stipulated as requiring the short-term extinctive prescription of three years from the Civil Act, refers to a claim that is regularly paid within a period of one year, and the management expenses claim for an aggregate building paid within a one-month unit (see, e.g., Supreme Court Decision 2005Da65821, Feb. 22, 2007). Thus, the plaintiff's above assertion is groundless.

3. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and all appeals by the plaintiff and the defendant are dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Jong-hoon (Presiding Judge)