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(영문) 대전지방법원 2016.12.23 2016나1845
관리비
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Reasons

1. In the first instance court, the Plaintiff claimed management expenses (including late payment expenses of KRW 602,750) and damages for delay at the rate of 16% per annum for the management expenses (including late payment expenses of KRW 602,750) and the damages for delay at the rate of KRW 392,030 per annum. The first instance court accepted only the management expenses of KRW 392,030 and damages for delay at the rate of 15.2% per annum, and dismissed the remainder.

After the plaintiff appealed against this, the part of the claim of 3,150,183 of late 602,750 of late 602, and the principal of the management expenses and the part of the claim of 3,150,183 of the principal of the management expenses and the claim of 3,184,037 of the remaining principal of the management expenses and the compensation for delay at the rate of 15.2% per annum. Thus, the scope of the judgment of this court is limited to the claim of 2,792,07 of the reduced claim and the damages for delay.

2. Basic facts

A. A. A management body B (hereinafter “management body”) is a management body composed of all sectional owners of an aggregate building D (hereinafter “D building”) with two underground floors, five floors above ground, and 15,028.94m2 located in Seo-gu Daejeon, Seo-gu, Daejeon, pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”), and has performed management affairs, including the imposition and collection of management fees for D building from November 2003 when D building is completed.

B. On November 1, 2011, the Lao Development Co., Ltd. concluded a management service agreement with the management body for D buildings and imposed and collected management expenses for D buildings, and changed the trade name on November 24, 2015 to the Plaintiff.

(hereinafter referred to as the "Plaintiff, regardless of whether it is before or after the change).

On July 20, 2004, the E Steering Committee received a registration certificate for the establishment of a superstore (market) under Article 8(1) of the Distribution Industry Development Act with respect to buildings from the head of Seo-gu Daejeon Metropolitan City.

The F, an incorporated association, (hereinafter referred to as the "Commercials' Association") shall have regard to the establishment of the D Building around January 2009.

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