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1. The defendant shall pay to the plaintiff KRW 16,213,610 and KRW 13,901,690 among them, from October 9, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. The plaintiff is a management body aimed at managing a building A located in Seo-gu Daejeon, Seo-gu, Daejeon, and its site and attached facilities.
B. The Defendant leased A’s Nos. 301, 302, 303, 304, 305, 306, 317, 318, 320, 321, 324, 325, and 326 (hereinafter collectively referred to as “instant database”) and operated crowdfunding.
C. The management fee of August and September 2015 for the instant futures service is KRW 13,901,690, and the late payment charge is KRW 2,311,920.
The rate of arrears, such as management expenses, prescribed by the A's management rules, shall be 5% per month for one month in arrears, 7% per month for two months in arrears, 9% per month for three months in arrears, and 2% continuously from the fourth month in arrears, but shall not exceed 24% per annum and 5% per month.
[Grounds for recognition] Unsatisfy, the purport of the whole pleadings
2. Determination:
A. According to the above facts, the defendant is obligated to pay to the plaintiff 16,213,610 won in total of management expenses and late payment fees and 13,901,690 won in management expenses among them, and to pay damages for delay calculated at the rate of 20% per annum for the plaintiff within the scope of the agreement, which is obvious following the day after service of the written order of payment in lieu of the next day of service of the complaint, as the plaintiff claims, from October 9, 2015 to the day of full payment.
B. The Defendant, upon the expiration of the lease contract at the end of May 2015, notified the lessor that he/she did not intend to renew the lease contract and discontinued his/her business without having opened the wedding facility as it is, and around July 2015, sought to acquire the wedding facility by a new lessee, but the lessor’s contract was not concluded due to the circumstances of the lessor, and thus, the lessor should bear the management fee in August and September 2015.
However, it seems that the defendant's wedding facilities existed in the instant New Holdings until August 2015 and September 2015, and thus, the defendant is liable between the plaintiff and the lessor to pay the above management expenses.