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1. The judgment of the first instance, including the Plaintiff’s claim extended by this court, shall be modified as follows.
The defendant.
Reasons
1. Basic facts
A. On March 11, 201, the Plaintiff entered into an entrusted management contract for the instant shopping mall located in Jung-gu Seoul Metropolitan Government (hereinafter “instant shopping mall”) with the management body, and then imposes, collect, and deposit management expenses incurred in the instant shopping mall’s maintenance and management.
B. The Defendant, among the instant commercial buildings, did not pay KRW 2,722,120, total management fees and late payment fees from October 2015 to February 2017, 2017, as the sectional owners under 144 and 145 of the five floors among the instant commercial buildings (i.e., total management fees + KRW 2,647,040 + total late payment fees + KRW 75,080).
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 7, 9, Gap evidence 10-1, 2, and the purport of the whole pleadings
2. Determination:
A. According to the facts acknowledged in the above basic facts as to the cause of the claim, the Plaintiff is entitled to claim management expenses from the sectional owners of the instant commercial building in accordance with the consignment management agreement with the management body of the instant commercial building, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff delay damages for the total amount of unpaid management expenses and late payment fees from October 2, 2015 to February 2, 2017, and for the unpaid management expenses and late payment damages for the amount of 2,647,040 won.
B. The defendant's argument is that there is no basis for the calculation of the management expenses imposed by the plaintiff as above, and the amount is excessive, and since the plaintiff poorly manages the commercial building of this case, it is difficult to view that there is no basis for the calculation of the management expenses imposed by the plaintiff in light of the items of evidence No. 10 and No. 10 and No. 2, and there is no other evidence to acknowledge that the management expenses imposed by the plaintiff are unduly excessive, and there is no other evidence to acknowledge that the management expenses imposed by the plaintiff are insufficient. Furthermore, there is no evidence to support that the management of the commercial building of this case is insufficient.