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1. The decision of the court of first instance, including the plaintiff's claim extended by this court, is as follows.
Reasons
1. Basic facts
A. The Plaintiff is a commercial management body A (hereinafter referred to as “A”) located in Yongsan-gu, Yongsan-gu, Seoul (hereinafter referred to as “A”) established on November 28, 2014, and is managing and operating the said building.
B. The Defendant is running a business in the library A at a room of 301, 318, 319, 320, 340, and 341. From the end of August 2013, the Defendant leases and uses the library A’s (hereinafter “No. 302” and “No. 321”) from Company D (hereinafter “D”).
C. As to subparagraphs 302 and 321, the Defendant entered into a loan agreement with D with D, and the usage fee of 4,200,000 won on August 26, 2013. On September 15, 2015, the Defendant again entered into a loan agreement with D, which set the monthly rent of 600,000 won.
On the other hand, the main contents of the management rules A are as follows.
Article 4 (Effect of Regulations, etc.) (2) The possessor shall have the same obligation as that to be borne by the sectional owner in relation to the use of the managed object according to the regulations and the resolution of the meeting of the management body.
Article 75 (Management Expenses) (3) A possessor shall be jointly and severally liable with a sectional owner for management expenses incurred during the period of occupation of the section for exclusive use.
(5) If an occupant fails to pay management expenses by the due date designated by the administrator, he/she shall pay late 24% interest per annum on the principal and principal in arrears of each installment management expenses.
Article 77 (User Fee) (1) A management body may collect the following user fees on its behalf for the convenience of sectional owners, etc. along with the management expenses and pay them to the collection authority:
(2) An occupant shall be jointly and severally liable with a sectional owner for the usage fee that has arisen during the period of occupation.
Article 80 (Collection of Management Expenses, etc.) (1) In order to collect management expenses, etc., a management body shall deliver a written notice stating the following matters to sectional owners, etc. at least seven days before the due date, and the details related thereto shall be governed by
1. Indication of the section for exclusive use;