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(영문) 수원지방법원 2016.04.12 2015나24840
관리비
Text

1. The defendant's appeal is dismissed.

2. Costs of appeal are borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manages an aggregate building in A’s ground at Si interest, and imposes and collects management fees.

B. On November 20, 2012, the Defendant leased A’s ground aggregate building 402 (hereinafter “instant building”) from B on a set of two-year lease period, and around that time, occupied and used the instant building by delivering it.

On October 2014, the Defendant terminated the lease contract under the agreement with B, and delivered the instant building to B.

C. From November 20, 2012 to October 2014, the Defendant did not pay to the Plaintiff management expenses and late payment charges 1,923,190 won incurred while occupying and using the instant building.

【Ground of recognition】An absence of dispute, Gap’s 1 through 3, and Eul’s 1

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of the unpaid management expenses and the late payment charges therefor, and the damages for delay calculated at the rate of 20% per annum from December 19, 2014 to the day of complete payment, which is the day following the delivery date of the original original payment order, to the day of complete payment.

3. The defendant's assertion that the defendant did not bear the obligation to pay management expenses since he agreed that management expenses will be borne by the former lessee C on behalf of the defendant while leasing the building of this case from B.

As long as the Defendant occupied and used the instant building and thereby was liable to pay the management expenses, the fact that the Plaintiff entered into an agreement with the lessor, lessee, or a third party on the allocation of management expenses cannot be asserted against the Plaintiff (the Plaintiff and the Defendant do not dispute the fact that the occupant of the building bears the obligation to pay the management expenses). The evidence submitted by the Defendant alone is notified of the fact that the Plaintiff entered into an agreement with the Defendant, and the Defendant is liable to pay the management expenses.

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