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(영문) 부산지방법원 2018.04.19 2017나4987
관리비
Text

1. The judgment of the first instance, including the Plaintiff’s claim extended in the trial, shall be modified as follows:

The defendant.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The plaintiff is the managing body of A apartment in Busan Northern-gu C, and the defendant is the above apartment No. 210-dong 2303 (hereinafter "the above apartment").

2) The Defendant, as a person of distinguished service to the State, did not pay to the Plaintiff KRW 2,832,90 in total the management fees for the instant apartment from July 2015 to October 2017, except for the portion of discount or exemption from the said discount or exemption. (i) The Defendant, as a person of distinguished service to the State, did not pay to the Plaintiff the unpaid management fees KRW 2,832,90 in total (=the principal amount of unpaid management fees KRW 2,415,920 in arrears of KRW 416,980).

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 6, Eul evidence Nos. 3 and 6 (including branch numbers), the purport of the whole pleadings

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from December 13, 2016, the following day after the delivery date of the original copy of the instant payment order with respect to the unpaid management expenses incurred in the payment of unpaid management expenses incurred in the instant apartment from KRW 2,832,90 and the unpaid management expenses incurred in the instant apartment from the date of delivery of the original copy of the instant payment order, and from December 13, 2017, with respect to KRW 1,188,540, the principal of the unpaid management expenses incurred in the instant case, which is additionally accepted in the trial, from December 5, 2017 to the date following the delivery date of the copy of the written application for change of the purport of the claim and the cause of the claim from December 9, 2017 to the date

2. Judgment on the defendant's assertion

A. The defendant asserts that since the plaintiff claimed management expenses without discounting the electricity, water, and TV license fees against the defendant, who is a person of distinguished service to the State, the plaintiff's claim is unjust, the plaintiff is claiming for the unpaid management expenses after deducting the amount of the electricity, water, and TV license fees from the amount of discount or exemption to the defendant, who is a person of distinguished service to the State. Therefore, the defendant's claim is without merit.

B. In addition, the defendant is the plaintiff.

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