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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Article 81 (1) of the Management Rules for Recognition may issue a reminder, if occupants, etc. fail to pay management expenses, etc.;
(2) Even after the management authority issues a reminder, a household that fails to pay management expenses, etc. may file a lawsuit, such as the collection of surcharges and issuance of a reminder, an application for payment order under the Civil Procedure Act, measures, such as a request for small claims trial, etc. under the Trial of Small Claims Act.
The plaintiff is an organization organized for the management of the A apartment in Daegu North-gu, and the defendant is the owner of A apartment No. 105, 608 (hereinafter referred to as "the apartment in this case").
The plaintiff's management rules stipulate that the obligation to pay management expenses, etc. used for the maintenance and management of buildings as the obligation of the owner of a A apartment, and Article 81 of the management rules provides that the following measures may be taken if the obligation to pay is not fulfilled:
B. The Defendant did not pay management expenses from April 2013, and for 36 months from April 2013 to March 2016, the total amount of the management expenses and arrears in arrears is KRW 2,171,580, and detailed details are as shown in the attached Table.
C. On October 8, 2015, December 11, 2015, and March 8, 2016, the Plaintiff sent each content-certified mail demanding the Defendant to pay delinquent management expenses, and the above content-certified mail reached the Defendant around that time.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including virtual number), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff a total of KRW 2,171,580 as well as late payment damages calculated by the annual rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 1, 2016 to the day of full payment, which is the day following the delivery of the instant payment order sought by the Plaintiff.
B. As to this, the defendant did not pay management fees due to C's illegal act selected by the plaintiff as a controlled entity.