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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged in light of the overall purport of the pleadings in the descriptions of Gap evidence Nos. 3, Gap evidence Nos. 4, and Eul evidence Nos. 1 through 5, and there is no counter-proof.
On October 31, 2013, the Plaintiff entered into an entrusted management agreement with the Seoul Special Metropolitan City New-dong 1426-7 and one parcel of land (hereinafter “instant building”) to receive a contract for the installation, security, and management of U.S. dollars from the Seoul Special Metropolitan City New-dong 1426-7 and the Seoul Special Metropolitan City New-gu Do 1426-7.
B. However, according to the above consignment management contract, management expenses shall be KRW 33 million per month, and the occupants shall be imposed and collected as management expenses, and the contract period shall be three years from October 31, 2013 to October 31, 2016, and both parties to the contract may terminate the above consignment management contract by means of a document prior to the one-month advance notice. Thus, the plaintiff has received the above consignment management expenses from the occupants while performing the management duties of the building of this case in accordance with the above consignment management contract.
C. However, on August 26, 2015 and September 4, 2015, the Plaintiff notified the Plaintiff that “the above entrusted management contract with the Plaintiff should be terminated” was rejected due to the Plaintiff’s refusal to examine the expenses, etc.
Meanwhile, while the Plaintiff imposed management expenses for September 2015 and October 2015 on the occupants, the Plaintiff failed to collect the management expenses for the amount of KRW 42,529,130 on behalf of the Plaintiff, or the electricity charges, etc. that the Plaintiff spent and imposed on behalf of the Plaintiff.
E. Furthermore, around September 30, 2015, the Defendant entered into an entrusted management contract with the non-party company to receive a contract for the management of the building of this case on behalf of the Plaintiff as of November 3, 2015, and began to manage the building of this case on behalf of the Plaintiff, but on February 1, 2016.