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1. The Defendant’s KRW 5,458,560 and KRW 4,546,740 among the Plaintiff, respectively, shall be 5% per annum from September 2, 2014 to August 26, 2015.
Reasons
1. Basic facts
A. The Plaintiff is the management body of the A shopping mall located in Seongbuk-gu, Sungnam-si (hereinafter “the instant condominium”), and the Defendant is the owner of the first floor of the instant condominium (hereinafter “the instant condominium”).
B. Of the management expenses imposed during the period from December 2, 2011 to December 2, 2012 on the instant store, unpaid management expenses are KRW 4,546,740, and late payment charges are KRW 911,820.
C. During the period from December 2, 2011 to December 2012, 201, the instant store occupied and used D, which leased the instant store from the Defendant.
Article 40 (3) 2 of the Management Rules on the Condominium Building of this case stipulates that where a possessor fails to pay management expenses, the owner of the relevant sectional ownership shall be liable to pay the delinquent management expenses instead of the possessor.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2-1, 3-2, and 4, the purport of the whole pleadings
2. As to the defense before the merits, the defendant claimed the unpaid management expenses against D, and as long as the defendant did not pay the plaintiff or did not pay management expenses to D even if management expenses were received from D, the plaintiff was made an indemnite agreement that the defendant did not claim the unpaid management expenses against D. Thus, the defendant did not receive management expenses from D or pay management expenses to D. Thus, the lawsuit in this case is unlawful.
According to the evidence No. 2, E, the director of the management office of the instant condominium building, decided to claim unpaid management expenses in the course of carrying out the delivery lawsuit against D against D, and if he receives management expenses from D, he shall pay the management expenses that he received to the Plaintiff. However, he did not pay the management expenses that he received as above to the Plaintiff, or did not indicate that the Defendant intended to pay the management expenses to D.