1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The plaintiff is the council of occupants' representatives of A apartment located in Nam-si, Namyang-si, and the defendant served as the chairperson, who is the representative of the plaintiff, from May 1, 2006 to April 30, 2014, and has overall control over the management of the above apartment.

B. Around December 2015, the Defendant was charged with the charge of occupational embezzlement as follows, and was sentenced to a fine of KRW 1,500,000 on May 25, 2016 from the Jung-gu District Court 2016 High Court 621 (hereinafter “relevant criminal case”) and the judgment became final and conclusive around that time.

1) Around December 27, 2007, the Defendant embezzled KRW 5,002,159 of the apartment management fund transferred by the former president for the purpose of the occupant of the apartment that is the victim, by voluntarily consuming it for the personal purpose of the Defendant at that time (hereinafter “the first embezzlement”).

(2) On October 27, 2011, the Defendant embezzled KRW 11,130,872 of the cancellation refund received by cancelling the passbook (Account Number D) in the name of the Plaintiff, where female membership fees, etc. are deposited at the above apartment management office, and embezzled by arbitrarily consuming it for personal use around that time.

(hereinafter referred to as “second Embezzlement”) on August 31, 201, the Defendant: (a) at the above apartment management office on August 31, 2011; and (b) at the A apartment miscellaneous passbook E (hereinafter referred to as “instant account”).

(3) Around 200,000 won was withdrawn from the management expenses deposited to the victim and then wrongfully consumed them for personal purposes during the course of business for the victim and then embezzled them (hereinafter “third embezzlement”).

(C) Meanwhile, on April 28, 2016, the Defendant deposited KRW 6,525,000 with the Plaintiff’s name and the statutory provision as a deposit under Article 487 of the Civil Act (Deposit for Performance) (hereinafter “Deposit for Payment”).

(1) On August 21, 2014, the Plaintiff returned KRW 10,865,00 to the instant account. 【The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 2, 3, and 1, 2, and 4, and the purport of the entire pleadings.