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1. The Defendant shall pay to the Plaintiff KRW 239,256,934 and the interest rate of KRW 15% per annum from March 21, 2018 to the date of full payment.
Reasons
1. Basic facts
A. A (hereinafter referred to as the “instant building”) is a main complex building with the 5th underground floor in Suwon-si, the 21st underground floor in Suwon-si, and the 5th underground through the 2nd underground floor in the area of the 21st underground floor, such as parking lots, water tanks, septic tanks, etc., business facilities, neighborhood living facilities (total 74 households) from the 1st underground to the 7th underground floor in the area of the 7th underground, and the 8th underground floor is composed of apartment units (total 64 households) from the 9th to the 21st underground floor.
B. Since the approval for use was obtained from the competent authority on November 24, 1998, the instant building was managed by the management body comprised of representatives of occupants, etc. of the instant building. Around May 4, 2015, the Defendant reported and obtained identification numbers as non-profit corporations established for the purpose of managing the apartment part of the instant building and did not engage in profit-making business. Around May 29, 2015, the “Amere Conference” was established for the purpose of managing the commercial buildings and officetels parts of the instant building and received identification numbers by reporting them to non-profit corporations that did not engage in profit-making business and obtaining identification numbers.
C. As seen above, while the Amera meeting and the Defendant managed the instant building by dividing it, the Amera meeting filed a lawsuit against the Defendant for the payment of the electric utility fee for the 2, 3rd floor parking lots and mechanical parking lots of the instant building from June 2015 to April 2016, and for the payment of the electric utility fee and maintenance fee of the purification tank used by the Defendant for official use (U.S. District Court 2016Da7661).
On August 9, 2016, the court of the first instance rendered a judgment ordering the defendant to pay KRW 13,004,807 and damages for delay. The defendant appealed the above judgment.
However, the appellate court (U.S. District Court 2016Na15416) is a case where a family council and the defendant are an aggregate building.