1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is a company that runs the business of facility management and maintenance of buildings.

Pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate Buildings Act”), the Defendant is a management body comprised of sectional owners of the building B (hereinafter referred to as the “instant building”).

B. The Plaintiff agreed to transfer and take over the management of the instant building from June 19, 2012, which had been engaged in the management of the instant building in its trade name, and the Plaintiff prepared an agreement on transfer and taking over the management affairs.

C. On June 1, 2012, the Plaintiff prepared an entrustment contract with the E Management Committee ( majority of the representatives D) and the E Management Committee for the management of the building of this case (hereinafter “instant entrusted management contract”), which is entrusted with the management of the building of this case, and performed the management of the building of this case from that to May 1, 2018.

On January 18, 2018, the defendant convened a temporary meeting of the management body and appointed F as the representative.

[Ground of recognition] Facts without dispute, Gap evidence 1, 13, and 16, the defendant's representative (F), the result of the defendant's personal examination, the purport of the whole argument

2. Summary of the plaintiff's assertion

A. The principal assertion between the Plaintiff and the Defendant, a management body under the Aggregate Buildings Act, are valid a consignment management contract with the same content as the instant consignment management contract (hereinafter “instant consignment management contract”), or the Defendant ratified the said consignment management contract.

The Plaintiff, based on the above-mentioned entrusted management contract, managed the building of this case.

Therefore, the defendant should pay to the plaintiff the sum of the following amounts of KRW 39,050,064 and damages for delay:

1) Services costs of KRW 20,352,713 (hereinafter referred to as “first cost”)

(2) According to the instant consignment management contract, the Defendant has to pay the Plaintiff the service cost comprised of general management expenses ( personnel expenses) and management fees (corporate profits). The unpaid amount (=20,352,713 won).