손해배상(기)
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The judgment of the court of first instance No. 1 is justified.
1. Facts of recognition;
A. The Plaintiff is a management body comprised of the sectional owners of A (hereinafter referred to as “the instant condominium building”) located in Seocheon-si D, and the Defendant was a joint representative of the Plaintiff, together with B.
B. On October 10, 2018, Co., Ltd., which managed the instant aggregate building, was in custody of the amount equivalent to KRW 112,422,905 for the Plaintiff, to the deposit account (K bank and L) in the name of J Co., Ltd., but B, in collusion with M, who is a director of the said I Law Firm, and N, a director of the Plaintiff’s management office, deposited the said amount as a check of the Plaintiff’s long-term repair impulse, which the said I had been in custody for business purposes, and embezzled the said amount by remitting KRW 112,422,905 in total to the deposit account in the name of H (hereinafter “H”) operated by B around October 18, 2018, by using the said amount as a fund for the operation of the said company (hereinafter “first embezzlement”).
E A. On December 21, 2018, the E Co., Ltd. remitted KRW 325,000,000 to the deposit account (F bank G) in the name of the Plaintiff in the name of the Plaintiff, under the pretext of agreement on damages incurred to the Plaintiff resident due to noise, etc. in the construction site near the instant aggregate building. On December 31, 2018, the Defendant, in collusion with B, embezzled the said money by remitting KRW 120,00,000 from the said deposit account under the name of the Plaintiff to the deposit account under the name of H (hereinafter “the second embezzlement”).
B, on December 31, 2018, the Defendant transferred KRW 112,422,905 out of the day he/she received KRW 120,00,000 from the Defendant to the bank account under H’s name to the bank account under the Plaintiff’s name (FO).
E. On September 16, 2020, the Defendant was convicted of imprisonment with prison labor for 1 year and 6 months of suspension of execution for the crime of secondary embezzlement under the order of 2020 senior 720 senior 720 of the Incheon District Court's Branch. The above judgment became final and conclusive around that time.
F. B From March 10, 2020 to the same year, after the filing of the instant lawsuit
9. By the fifteenth day, the Plaintiff paid 40,000,000 won in total as the repayment of damages incurred by the second embezzlement.