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(영문) 서울북부지방법원 2014.10.10 2013가단106830
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,204,591 as well as 20% per annum from April 16, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On May 20, 2004, the Plaintiff entered into an entrustment management contract for multi-family housing (hereinafter “instant consignment management contract”) with the council of occupants’ representatives, and performed the management work of the instant apartment from June 1, 2004 to May 31, 2009. C was in charge of accounting work of the instant apartment from August 6, 2004 to February 28, 201, and was an employee of the Defendant Company from August 6, 2004 to May 31, 2009, and the Defendant entered into an employment contract with the Plaintiff on January 2003, and served as the head of the management office of the said apartment for the period to which C belongs to the Defendant Company.

B. C embezzled management expenses, etc., which were in custody by the following means from around 2005 to 2008, and concealed them through an accounting audit in 2009 by either altering a certificate of deposit balance or inputting false information into an accounting management program. The remaining amount after partially repaying the embezzled amount is KRW 116,02,957.

C managed several passbooks of the apartment management fees in this case, but it was arbitrarily used without being deposited in another passbook after withdrawal from one passbook, or deposited in another passbook and used the omitted amount arbitrarily by omitting some of it.

The management fee passbook was withdrawn from the management fee passbook and used arbitrarily without the disbursement slip.

In the course of automatic transfer of electricity fees, excessive withdrawals were handled and the remainder was arbitrarily used.

In the process of paying public charges, the transfer to land was made in cash again and used arbitrarily.

The long-term repair appropriation deposit and the parking repair appropriation deposit are not deposited in the process of depositing them, or they are deposited into one's own account and used arbitrarily.

C. The plaintiff and the defendant shall perform follow-up management on the withdrawal details of management expenses by comparing the disbursement resolution, the withdrawal money ticket, and the management expenses passbook.

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