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Reasons
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(영문) 부산고등법원 2018.12.12 2017나54282
관리비
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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The reasons why the court should explain this part of the judgment on the basic facts and the claims in this part of the judgment of the first instance, as follows from the 10th of the first instance judgment, "Fho Lake, G Hhoho, I, Jhoho, Hho Lake, L, Mho, Nho, P, Quho, Qhoho, S, Thoho, Uho, Xho, Xho, Xho, Yho, Zho," "Ghoho, Hho, I, ADho, Kho, K, Hho, Qho, Qho, AE, Rho, CP, Thoho, Tho, AF, U, V, X, X, Mho, Mhoho, Mho, Mhoho, Mhoho, Mhoho, Mho, Mhoho, Mho, Mhoho, Mho, Mho, Mho, Mhoho, Mho, Mhoho, Mho, Mho, Mhoho, Mho, Mho, Mhoho, Mho, Mhoho, Mho, Mhoho, Mho, Mho, Mho, Mho, Mho, M, M, Mho, Mho, Mho, Mho, Mho, Mho, Mho, Mho, Mho, Mho, M, 1 and 1 and 1, 1.

As to the assertion on the portion of the cost of outsourcing service, the Defendant alleged that the above store cannot be claimed for the cost of outsourcing service since the Plaintiff neglected the management of the store in use as a warehouse. However, in full view of the purport of the entire pleadings in the written evidence Nos. 2 and 7, the cost of outsourcing service falls under “common costs” under Article 36(1)(b) of the instant management rules, and there is insufficient evidence to prove that the Plaintiff neglected the management of the store in use as a warehouse, and it is difficult to view that the obligation of payment is immediately exempted solely on the basis of the circumstance alleged by the Defendant.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion on the method of appropriation of the usage fee, the defendant preferentially appropriated the user fee paid to the plaintiff by the third party who entered into the contract with the plaintiff for the acceptance of use pursuant to Article 5 of the contract for the acceptance of use, and the remainder is appropriated for the overdue management fee, so the plaintiff is the defendant.

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