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(영문) 인천지방법원 2015.09.23 2015나1246
관리비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The text of the judgment of the court of first instance is set forth.

Reasons

1. According to the overall purport of Gap evidence Nos. 1, 2, Eul evidence Nos. 1-1, and Eul evidence Nos. 2, and Eul evidence Nos. 1-1, and Eul evidence Nos. 2 as to the cause of the claim, the defendant owned A apartment 102, 1901, and 1901 (hereinafter "the apartment of this case"), which are located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul (hereinafter "the apartment of this case"), and the defendant unpaid management expenses for October through April 2014 (including delayed fees), which are imposed by the defendant for the lawsuit of this case, including management expenses for June and July 2014 (29,600 among management expenses for June 2014), and it is recognized that the defendant imposed expenses of 11,900 won (82,300 won out of management expenses for 29,600 won among management expenses for the apartment of this case).

According to the above facts, the defendant is obligated to pay to the plaintiff 1,602,780 won remaining after deducting the amount equivalent to the above litigation costs from the above unpaid management expenses, and damages for delay calculated at the rate of 20% per annum from December 18, 2014 to the day of complete payment, which is the day following the delivery of the complaint in this case.

2. Judgment on the defendant's assertion

A. On May 1, 2014, the Defendant asserted that the Defendant paid KRW 8,905,050 to the Plaintiff from October 2013 to April 2014. At that time, the Plaintiff and the Defendant agreed to fully exempt the Plaintiff from the obligation to pay the unpaid management expenses, including overdue charges, until that time. In light of the fact that the Plaintiff did not state the unpaid management expenses prior to April 2013 in the notice of management expenses from June 2014 to December 2014, the Defendant did not remain more than the management expenses to be paid to the Plaintiff.

B. According to the purport of the evidence No. 1-1 and the entire argument, the judgment of the court below is acknowledged that only the unpaid management expenses for May 2014 were included in the “unpaid management expenses” column of the notice of management expenses in June 2014 for the apartment of this case, and that the previous unpaid management expenses were not stated, but around that time.

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