관리비
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Basic facts
A. The Daegu Metropolitan City, as the owner of D commercial building located in Daegu-gu and one parcel (hereinafter “instant commercial building”), granted the right to use and benefit from the instant commercial building without compensation to E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”), June 29, 2005.
B. The Plaintiff entered into a facility management service agreement with E and F on May 1, 2007 on the operation and maintenance of various buildings, commercial buildings, etc.
C. E, among the instant commercial buildings, from the G fever H, 1, K L, and Ma, sold to J each “right to use and benefit” to P, and the Defendant is operating “R” (hereinafter “instant store”) by leasing each of the said stores and Q fever L from October 2010.
On November 2010, the Defendant entered into a management contract with the Plaintiff (hereinafter “instant management contract”) and paid management expenses to the Plaintiff.
E. The Defendant currently remains unpaid management expenses of KRW 9,770,210 from May 201 to September 2016 (i.e., GIST H, KRW 2,854,630, KRW 2,400, KRW Q fever L2,407,490).
[Reasons for Recognition] Facts without a dispute, Gap evidence Nos. 1, 2, 5, 6, 7, 9, 12, 14, 16, 28 (the document with a serial number includes a serial number; hereinafter the same shall apply), Eul evidence Nos. 12, and the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the Defendant, who concludes a management contract with the Plaintiff on the instant store and uses and profits from the contract, is obligated to pay the Defendant, who is the managing body of the instant commercial building, the unpaid management fee of KRW 9,770,210, and the late payment charge for the unpaid management fee of KRW 2). According to the service contract that the Plaintiff entered into with E, the Defendant, according to the service contract that the Plaintiff entered into with E, has the Plaintiff appropriated all management expenses within the scope of the agreed amount of KRW 38,014,00.