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(영문) 인천지방법원 부천지원 2017.01.13 2016가단18533
구상금
Text

1. Defendants are jointly and severally liable to the Plaintiff for KRW 60,766,090 and KRW 60,027,080 among them, Defendant A shall be jointly and severally liable to the Plaintiff on August 17, 2016.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence No. 2, Gap evidence No. 3, Gap evidence No. 4, and the purport of Gap evidence No. 5 and all the arguments.

On July 2013, the Plaintiff was a management company that was entrusted with the management of D buildings by D management body comprised of sectional owners of D, located outside C, and 18 parcels, and the Defendants purchased 1/2 shares of D buildings through voluntary auction on February 5, 2016 (hereinafter “each of the instant stores”).

B. Of the management expenses for the section for common use incurred before February 5, 2016, the amount imposed on the sectional owners of each of the instant stores is KRW 88,168,420, and the management expenses (including both the section for common use and the section for exclusive use) imposed on each of the instant stores after February 5, 2016 are KRW 10,716,970, and the late payment charges incurred after February 5, 2016 are KRW 739,010.

2. According to the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff delay damages for unpaid management expenses and late payment charges of KRW 99,624,40 (= KRW 88,168,420, KRW 10,716,970, KRW 739,010), excluding late payment charges of KRW 739,010 (= KRW 88,885,390), as claimed by the Plaintiff, excluding late payment charges of KRW 739,010).

3. Judgment on the defendant's assertion

A. The defendant asserts that the extinctive prescription defense is three years since the extinctive prescription of the management expenses claim is three years, and that the management expenses claim incurred on the basis of the existence of three years retroactively from the date of filing the lawsuit in this case has expired by

"Claims prescribed by a period of less than one year" under Article 163 subparagraph 1 of the Civil Code that provides that the short-term extinctive prescription period of three years is applied means claims that are regularly paid within one year, and thus, the management expenses claim for an aggregate building paid on a monthly basis constitutes such claim.

(see, e.g., Supreme Court Decision 2005Da65821, Feb. 22, 2007). Therefore, the Plaintiff’s management expense claim is short-term extinctive prescription for three years.

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