1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

1. Basic facts

A. The Daegu Metropolitan City, as the owner of the Daegu-gu and one parcel (hereinafter “instant commercial building”), granted the right to use and benefit from the instant commercial building without compensation to the Daewoo Construction Co., Ltd. (hereinafter “Treatment Construction”) and the C&W Co., Ltd. (hereinafter “C&W bank”) on June 29, 2005.

B. On May 1, 2007, the Plaintiff concluded a facility management service contract with respect to various buildings, commercial buildings, etc., with respect to the operation and maintenance of Daewoo Construction, C&C and the instant commercial buildings, etc.

C. From November 2008, the Defendant is operating a clothing store in the name of “D” (hereinafter “instant store”) among the instant commercial buildings by leasing stores Nos. 2C-11 and 12.

The defendant entered into a management contract with the plaintiff on November 2008 (hereinafter referred to as the "management contract of this case") and paid management expenses to the plaintiff.

E. From August 201 to July 2017, the Defendant currently unpaid management expenses of KRW 15,120,690 (i.e., KRW B, KRW C-11, KRW 8,077, KRW 370, KRW C-12, KRW 7,043, and KRW 320), and the late payment charges were incurred of KRW 3,410,290.

F. On March 29, 2018, the Defendant paid the Plaintiff the full amount of KRW 18,530,980 and delay damages, which the Plaintiff claimed.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 9, 14, 17, 28, 33 (including serial numbers), the purport of the whole pleadings

2. The Plaintiff filed a claim against the Defendant for the unpaid management expenses and late payment damages for the store in this case, including the unpaid management expenses and late payment fees, and the unpaid management expenses. However, the Defendant voluntarily repaid the entire amount of unpaid management expenses and late payment damages for the store in this case, and thus the Plaintiff’s claims such as the above management expenses were extinguished.

3. The plaintiff's claim for conclusion shall be dismissed for the reason that it is without merit, and the conclusion shall be different.