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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
According to the evidence Nos. 1 and 2 (including paper numbers), it is recognized that the Defendant and the UNCLOS Co., Ltd. entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the following parts of the building, 82 above, as the movable property of the members of Ansan-si, Inc. on October 28, 2013, Annsan-si, Inc., the Lotropik owned by the Etropik Co., Ltd.:
Notwithstanding the instant lease agreement, the Plaintiff asserted that the right to collect management expenses against the Defendant exists to himself/herself, and sought payment of KRW 30,834,402 in total amount of management expenses from September 2, 2015 to February 2, 2016. However, it is insufficient to deem that the Plaintiff had claimed management expenses against the Defendant solely based on the statement of evidence No. 3, and there is no other evidence to acknowledge it.
Rather, in Article 4 of the instant lease agreement, the Defendant determined to pay management expenses imposed in accordance with the computation of the Lotropia Co., Ltd., and the Lotropia Co., Ltd. claims management expenses as a separate lawsuit (this Court Decision 2016Da72214).