관리도급비
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance citing the reasoning of this case is as stated in the part concerning the defendant in the reasoning of the judgment of the court of first instance, except where the defendant added the judgment of the newly raised argument to the court of first instance as follows, and thus, this is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on addition
A. The management office of the instant tenement house asserted by the Defendant collected KRW 76,739,270 from the occupant household under the pretext of management contract expenses, and only paid KRW 42,395,840 among them to the Plaintiff, and used the remainder of KRW 34,343,430 ( KRW 76,739,270 - KRW 42,395,840) for other purposes.
However, in order to perform the duty to collect management expenses borne by the Plaintiff under the instant contract, the management office is an assistant organization of the Plaintiff, as it dispatched human resources to the management office of the instant multi-family housing in order to operate them.
Therefore, the management office did not pay part of the management contract cost that it received from the occupancy household to the Plaintiff.
Even if they were used for other purposes, they should be deemed to have been paid to the Plaintiff both that occurred in the course of performing the Plaintiff’s duty to collect management expenses.
In addition, if the management office used money in the name of the management contract cost, which was collected by the management office, for other purposes, it constitutes a breach of the management obligation of the plaintiff, and thus, the plaintiff bears the same amount of damages liability against the defendant, and the defendant offsets the plaintiff's damage liability against the management contract cost of this case.
B. Determination 1: The Plaintiff is obligated to perform the duty of collecting management expenses under the instant contract; the fact that the management office of the instant tenement house was in charge; and the fact that the Plaintiff paid the benefits to the members of the management office of the instant tenement house.