1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Determination as to the cause of claim

A. The plaintiff and the defendant's assertion that even though they concluded a building entrusted management contract with the defendant and performed management work in accordance with the above contract, they did not pay 3 million won out of service costs. The defendant asserts that the defendant is obligated to pay 3 million won of service costs and damages for delay payable to the plaintiff.

In this regard, the defendant defense that the above service cost obligation has ceased to exist by offsetting.

B. According to the purport of each of the statements and arguments in Gap evidence Nos. 2, Eul evidence Nos. 1 and Eul evidence Nos. 1 through 10, the plaintiff entered into a comprehensive building management contract with the defendant on May 1, 2014. The defendant did not pay KRW 3 million out of service costs under the above contract. The reasons are as follows: the employee of the plaintiff company withdrawn and delivered KRW 5 million from the passbook of the long-term repair appropriations at the request of the head of the commercial building autonomous council C on June 22, 2015. On January 20, 2016, Eul repaid KRW 2 million out of the above 5 million amount, and even if all of the expenses related to the management affairs were approved by the defendant, the management director arbitrarily withdrawn the above 5 million amount, and delivered it to C without offsetting the above procedure, and the defendant continued to use it for the remaining personal service.

If so, the obligation of the above service costs was extinguished by offsetting.

I would like to say.

The plaintiff can be seen as being the executive officer of the management body of the above building C. Thus, the plaintiff could not refuse to give oral approval from the defendant. Therefore, the plaintiff is not responsible for the above three million won. However, the defendant who has the authority to approve the disbursement by C.