구상금
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 reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the defendant emphasizes or adds to this court, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. 1) The Defendant’s assertion that there was no duty to pay expenses as a mandator 1) the commercial building among the Dongdaemun-gu Seoul Metropolitan Government and D’s main complex building B between the Plaintiff and the Defendant (hereinafter “instant commercial building”).
(A) The Plaintiff and the Defendant’s relationship determined that the Plaintiff may directly impose and collect management fees and use them as costs necessary for the management. Unlike the case where an entrustment contract concerning the management of the instant commercial building was concluded, the Plaintiff and the Defendant’s relationship are obligated to impose and collect management fees on the sectional owners, etc. and pay such expenses, and cannot claim reimbursement of such expenses. (A) The Defendant entrusted the management of the instant commercial building to the Plaintiff (However, on July 31, 2017, there is no dispute between the Plaintiff and the Defendant that the said entrustment contract for the management of the instant commercial building was terminated due to the expiration of the contract term.
A) According to each of the statements in the Evidence Nos. 1 and 11, the above entrustment contract for the management of the commercial buildings of this case concluded between the Plaintiff and the Defendant (hereinafter “instant entrustment contract”).
Of the above, the parts related to the above assertion are as follows: < Amended by Act No. 13773, Jul. 27, 2015; Act No. 13514, Jul. 27, 2
3. The management expenses collected for the building shall be used for the management and operation of the building;
4. The part which was currently leased is to be determined by a consultation between the defendant and the plaintiff and collect management expenses as soon as the contract was concluded. The plaintiff is to manage and operate the building in question.