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(영문) 서울고등법원 2019.06.05 2018나2045320
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning for the court’s explanation as to this part of the basic facts is as follows: ① “Defendant B” among the descriptions of “1. Basic Facts” in the judgment of the court of first instance, “Defendant E” shall be read as “B”, “E”, and “not later than December 31, 2013,” respectively, and “not later than September 23, 2013,” and therefore, it shall be cited in the corresponding part of the judgment of first instance as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Defendants asserted that they were the Plaintiff’s president or auditor, and the president has overall control over the Plaintiff’s business affairs and the auditor is in the position of supervising the management entity entrusted with the management of the instant apartment, such as auditing the overall management affairs of the management entity.

H’s accounting staff I embezzled the amount equivalent to double withdrawals by means of double withdrawals from other accounts, including items that can be paid in the paper on the expenditure resolution, from one account of the amount expected to be disbursed, even if they are withdrawn from one account.

Nevertheless, the Defendants did not check and confirm the specific withdrawal and use of the Plaintiff bank account whose management expenses were paid, the balance of deposits, etc., and did not confirm whether the Plaintiff’s balance sheet, income statement, and details of imposition of management expenses correspond to the certificate of deposit balance submitted by the financial institution, and violated the duty of care as the officers of the

Therefore, the Defendants are liable to compensate the Plaintiff for the amount equivalent to 30% of the negligence ratio of the Defendants (part of claim) out of the damages incurred by the Plaintiff due to I’s embezzlement during their respective tenure of office.

3. Determination on the defendants' main defense

A. The defendants' assertion 1 of this case belongs to the occupants of the apartment of this case who are not the council of occupants' representatives. The lawsuit of this case is resolved by a majority of all occupants.

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