1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Amateur industry (hereinafter “BS industry”) newly constructs a commercial building of the second and eighth underground floors (hereinafter “instant commercial building”) in the Suwon-si B market, Suwon-si, and completed registration of initial ownership on March 8, 2012.

B. On April 8, 2013, the undisclosed industry entered into a “building comprehensive management service contract” with the Plaintiff, which entrusts the Plaintiff with the entire management of the instant commercial building. On May 8, 2015, the Plaintiff entered into a “building comprehensive management service contract” with the 702 occupant C, who was delegated by 11, among the 19 occupants of the instant commercial building, and managed the instant commercial building after concluding a new “building comprehensive management service contract” with the 702 occupant C (hereinafter “instant management contract”). The main contents of the instant management contract are as follows.

Article 3 (Scope of Management of Objects subject to Management) The scope of management of objects to be managed by the "B" shall be as follows:

6. The collection of management expenses and fees and the payment of public charges by proxy under Article 8 (Contract Amount and Management Expenses) "B" shall be notified to the sectional owner or possessor of the following amount in return for the provision of management duties, along with the management expenses under this contract, and shall be collected and used directly.

(4) In the event that the management expenses notified are in arrears, the payment charges according to the overdue rate separately determined (hereinafter referred to as the "founded ground for recognition") shall be imposed, and there is no dispute, each entry of Gap evidence 2 and 6 (each number is included; hereinafter the same shall apply), and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff's assertion is not constituted a management body of the commercial building of this case, so the representative delegated by the majority of the occupants of the commercial building of this case to manage the commercial building of this case lawfully. Since the defendant did not pay management expenses, the defendant shall pay to the plaintiff the total amount of 3,840,280 won, including unpaid management expenses and late fees, and damages for delay of KRW 3,361,310 among them.