beta
Text
1. Defendant B’s appeal is dismissed.
2. Pursuant to the expansion of the purport of the claim by this court, Defendant B shall be the Plaintiff on 692.
Reasons
1. Basic facts
A. The Plaintiff is a council of occupants’ representatives comprised of the occupants of A apartment located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant apartment”). Defendant B served from around 2004 to October 12, 201 as the Plaintiff’s president. Defendant C served as the Plaintiff’s president from October 13, 2010 to August 2013.
B. Defendant B collected public funds, such as apartment management expenses, from the occupants of the apartment in this case, as the public account of the management expenses for the apartment in its own name (one bank E; hereinafter “public account”), and around February 8, 2007, from Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) the amount of KRW 21,087,840 as the guaranteed insurance for the performance of the defect repair of the apartment in this case (hereinafter “the warranty insurance”) was transferred to the separate account in its own name (one bank F; hereinafter “personal account”).
C. Meanwhile, on October 13, 2010, Defendant C continued to collect apartment management expenses, etc. from an individual account (a bank V) in the name of Defendant C until May 4, 201, even though Defendant C assumed office as the president of the Plaintiff, and Defendant C collected management expenses from the said account.
Defendant B: (1) around July 9, 2007, withdrawn KRW 9 million among the defect insurance bonds kept in the said personal account and deposited in the public account; and (2) used KRW 12,045,369 in the manner of paying its loans to the public account; (3) withdrawn KRW 10 million out of the public funds deposited in the public account on or after the 16th of the same month; and (4) used KRW 10 million in the form of a check with the personal intent to use them for the personal purpose; and (3) used KRW 10 million in the public funds kept in the public account on or around March 5, 2008 in the public account under the name of Defendant B in the name of the personal account (i.e., a bank G).
E. Defendant B embezzled KRW 49,527,760, total sum of the Plaintiff’s public funds and the defect liability insurance money, around 62 times in 2014.