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1. As to KRW 4,077,030 and its KRW 3,325,460 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from December 20, 2018 to June 11, 2020.
Reasons
1. Basic facts
A. The Plaintiff is the management body of Young-gu, Suwon-si A (hereinafter “instant commercial building”), and the Defendant is the owner of the instant commercial building C, D, E, F, G, and H.
B. As of May 31, 2018, the Defendant unpaid management expenses of KRW 4,077,030 (i.e., principal amount of KRW 3,325,460 in arrears) as of May 31, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff unpaid management expenses of KRW 4,077,030 and delay damages of KRW 3,325,460, among them, unless there are special circumstances.
The plaintiff also sought damages for delay on the part of the late payment penalty from the defendant's unpaid management expenses, but it is not accepted as a double claim.
B. As to the Defendant’s assertion, the Defendant entered into a lease agreement with I as to the instant shopping district C and D, and the Plaintiff deposited the remainder other than the cost of removal, brokerage, and delinquent management from the deposit of KRW 7,548,802 to each owner of the said lease agreement, and received KRW 5,610,056 from the Plaintiff on April 12, 2016, and thus, there was no unpaid management fee, and if the unpaid management fee remains, the Plaintiff would offset the unpaid management fee by the agreed amount to be paid to the Defendant.
C. Reviewing the argument regarding the claim regarding the lease deposit, the following facts are as follows: (a) the Defendant, J, K, L, M, N,O, P and I entered into a lease agreement with the Plaintiff on January 6, 2016; and (b) the J, upon the delegation of the Defendant, paid the removal of construction costs, brokerage fees, and delinquent management fees from the lease deposit received from the lessee I to the lessee, and then returned the balance to the owner of a commercial building including the Defendant.