1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

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 Defendant entered into a facility management service contract with E on May 1, 2007 and E on the management and maintenance of various buildings, commercial buildings, etc.

C. E and F among the instant commercial buildings, from around October 201, the Plaintiff sold the “right to use and benefit” to L, and from around March 201, he/she operated the “O” (hereinafter “O” of the instant commercial buildings from around 1, 201 to around 3, 201, Da-ho and C-ho and C-ho, and D-ho and H-ho from around 201 to around 3, 201, Da-ho and C-ho, respectively.

From October 2010, the Plaintiff entered into a management contract with the Defendant (hereinafter “instant management contract”) and paid management expenses to the Defendant.

E. From January 2, 2017, the Plaintiff unpaid management expenses of KRW 12,73,870 (= KRW 9,770,210 for unpaid management expenses from May 2, 201 to September 2016 (i.e., A column G, H subparagraph 2,854,630 won, C column J, C column 4,508,5090 won) monthly management expenses of KRW 2,963,60 for the 10th, November 2016, (i.e., KRW 2,963,60 for management expenses of KRW 2,963,60 for the portion of 11th, 2016 (= column G, H subparagraph 952,580 won, C column J subparagraph 1, K subparagraph 1,314,540 won, D column 696,540 won)

F. As the Plaintiff continued to pay the management expenses as above, the Defendant sent a demand notice to the Plaintiff that he/she could take legal measures, such as the suspension of management expenses, around September 2, 2016 and October 3, 2016. On September 29, 2016, the Plaintiff filed a lawsuit seeking the payment of the management expenses against the Plaintiff. From January 3, 2017 to March 4, 2017, some of the instant stores, B, C, and C, which were part of the instant stores, to the end of the instant order.