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1. As to KRW 32,169,110 among the Plaintiff (Counterclaim Defendant) and KRW 16,085,370 among the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) on August 27, 2016.
Reasons
1. Facts of recognition;
A. Under the Act on the Ownership and Management of Aggregate Buildings, the Plaintiff is a management body composed of sectional owners of the second underground floor in Busan-gu and the 17th apartment building in the ground level Atel (hereinafter referred to as the “instant building”).
B. On September 26, 2011, the Defendant completed the registration of ownership transfer with respect to 1601 of the instant building and 1701 of the instant building (hereinafter collectively referred to as “the instant family room”).
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 6 and 7, entry of Eul evidence 1, purport of whole pleadings
2. Determination as to the cause of the principal claim
A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1, 2, 4, and 5, the Defendant, as the sectional owner of the instant family room, is liable to pay the Plaintiff the management expenses for the instant family room each month, but the Defendant, as the sectional owner of the instant family room, did not pay the total management expenses for the period from January 2, 2016 to March 2017 (including delayed payment) as shown in the attached Table.
Therefore, with respect to the Plaintiff KRW 32,169,110 and KRW 16,085,370, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from May 5, 2017 to the day of full payment, which is the day following the delivery date of the principal complaint of this case, to KRW 16,083,740, which is the day following the delivery date of the application for amendment of the purport of the claim of April 24, 2017.
B. The Plaintiff sought total of KRW 16,085,370 for management expenses from January 2016 to July 2016 from the original complaint, but sought total of KRW 16,083,740 from April 24, 2017 to March 2017, extended to seek total of KRW 32,169,110 for the total amount of the management expenses from August 24, 2016 to March 2017. The Plaintiff asserts that damages for delay calculated at the rate of 15% per annum from the day following the delivery date of the present complaint.
According to the main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the plaintiff above.