홍보비반환
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning for this Court’s explanation is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the case where “Seoul High Court” in Part 5 of the judgment of the court of first instance is applied to “In Mancheon District Court”. Thus, this Court’s explanation is cited by the main text of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The main point of the plaintiffs' assertion is that the plaintiffs gain unjust profits by collecting publicity expenses from the plaintiffs during the operation of commercial buildings in the building of this case based on the invalid management body agreement of this case, and thus, they should refund the above unfair collection publicity expenses to the plaintiffs.
B. The gist of the Defendant’s assertion 1) Before the enactment of the instant management agreement, the merchants of the instant commercial building have collected and delivered promotional expenses to the Defendant through one person member of each floor. This is to pay promotional expenses pursuant to separate individual agreements (a subordinate contract or implied delegation contract on public relations activities) different from the instant management agreement. Moreover, since the Defendant received public relations expenses from the Plaintiffs and used them for public relations activities for the benefit of the Plaintiffs according to the intent of the Plaintiffs, office management relationship between the Defendant and the Plaintiffs was established. Accordingly, even if the management agreement becomes null and void, the Plaintiffs’ payment of promotional expenses to the Defendant is legally reasonable. Moreover, since the Plaintiffs agreed to pay promotion expenses to the Defendant at the time of the conclusion of the lease agreement and agreed to the individual provision on merchant business regulations, the Defendant is obligated to pay the promotional expenses in accordance with individual and merchant business regulations.2) Since the Defendant actually used the money collected from the Plaintiffs for public relations activities of the instant building.