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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 3,639,050 as well as the full payment from April 17, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The plaintiff is the council of occupants' representatives in Yangcheon-gu Seoul Metropolitan Government, and the defendant is the owner who completed the registration of ownership transfer concerning the above apartment C on March 2, 2006 and has been living until now.
B. The Plaintiff collects management expenses from the owner and user of the above apartment, and the Defendant did not pay KRW 3,639,050 to the principal imposed of management expenses from November 201, 2014 to February 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 15, purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts, the Defendant, the owner and the employer of the above apartment, is obligated to pay to the Plaintiff the amount calculated by applying the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 17, 2018 to the date of full payment, as requested by the Plaintiff, as to the total amount of KRW 3,639,050 of the principal of the management expenses imposed during the above period, as well as the modification of the purport of the claim and the cause of the claim, as sought by the Plaintiff.
B. On the other hand, the Defendant asserts that the amount should be deducted from the management expenses, as it paid KRW 200,000 at the cost of water supply, electricity tax, etc. on April 30, 2015.
According to the evidence No. 6, the Defendant paid KRW 200,00 to the Plaintiff on April 30, 2015. However, it is difficult to deem that the said money was agreed or designated to cover only the water supply and electricity tax from November 2014 to September 2015 by itself, and there is no other evidence to acknowledge otherwise.
However, according to the evidence evidence Nos. 9 through 12 and evidence Nos. 33-1 through 5 of the evidence No. 33, the unpaid management expenses of September 2014 for which the plaintiff paid the above money and the late payment charges of 86,780 won and up to the payment date of September 2014 (over to 9.8% for six months), management expenses of October 2014, 90,370 won and late payment charges of 7,430 won (over to 8.2% of the late payment rate for five months).