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1.The part of the judgment of the court of first instance against the principal claim shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim).
Reasons
1. Determination on the main claim
A. In full view of the purport of the entire arguments in the evidence evidence Nos. 1, 2, 3, 5, 6, 12, 27, and 28 as to the cause of the claim, the plaintiff is a council of occupants' representatives comprised of the occupants of Geumcheon-gu Seoul apartment (hereinafter "the apartment of this case"). The defendant is the owner under 2 Dong 112, and the defendant is the owner under 3,787,820 won (the sum of the management fees for 3,383,060 won and late October 2016) from May 2015 to October 2016, 3,787,820 won (the sum of the principal management fees for 3,383,060 won and late payment penalties for 404,760 won and late payment damages for late payment from June 19, 2017 to 308, 2008.
According to the above facts, the defendant is obligated to pay to the plaintiff 3,96,548 won in total of the unpaid management expenses and arrears from October 2016 to July 2018, as well as damages for delay at each rate of 15% per annum under the Civil Act from September 6, 2018 to December 13, 2018, the date following the delivery of a copy of the plaintiff's appeal purport and the application for change of cause, which was the day after the settlement date of the settlement of accounts, which was the day after August 31, 2018, which was the day when the defendant rendered a decision of the court of first instance, for disputes as to the scope of the obligation to perform, and from the day following the day when the decision of the court of first instance was rendered, to the day when the payment is made.
(The plaintiff recognized the amount deposited by the defendant as a legitimate repayment after the judgment of the court of first instance, and excluded this part from the claim).
(1) On November 22, 2017, the plaintiff alleged by the defendant's assertion, the late payment charge of the residents in a lawsuit concerning the management expenses through the meeting.