1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Determination as to the cause of claim

A. (1) The Plaintiff is a management body established under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), consisting of all sectional owners of a building A (hereinafter “the instant building”) located in Jongno-gu Seoul Metropolitan Government pursuant to the Act on the Ownership and Management of Aggregate Buildings. The Defendant is a sectional owner of the fifth floor of the instant building (hereinafter “the instant store”).

(2) Article 52 of the Management Rules of the instant building (hereinafter “Management Rules”) provides that if a sectional owner, etc. fails to pay management expenses by the due date set by the administrator, 5% of the delinquent amount shall be paid by adding them to late payment fees every one month after the due date. If management expenses are not paid for more than 2 months, measures such as power failure, suspension, closure, etc. may be taken by a resolution of the representative committee.

(3) The sum of management expenses and late fees imposed on the instant store from July 2008 to January 201, 2012 is KRW 4,316,740 (i.e., management expenses of KRW 1,606,030 + late payment charges of KRW 2,635,180 + late payment charges of KRW 75,530 + late payment charges of KRW 75,530).

[Ground of recognition] Facts without dispute, entry of Gap evidence 3 to Gap evidence 6, purport of whole pleading

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the sum of management expenses and late payment fees of KRW 4,316,740, and delay damages of KRW 1,606,030, among them, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. (1) As the Defendant’s claim for extinctive prescription is subject to the short-term extinctive prescription of three years, the statute of limitations expired for the management fee and late payment that became due three years prior to the filing of the instant lawsuit.

(2) The claim for management expenses of this case is that set forth within the period of one year as stipulated in Article 163 subparag. 1 of the Civil Act, and the short-term extinctive prescription of three years is applied, and pleading is made in the statement of evidence No. 2 of this case.