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(영문) 부산지방법원 2016.01.14 2014가단84509
손해배상
Text

1. The Plaintiff:

A. Defendant B: 12,951,166 won;

B. Defendant C and Defendant D Co., Ltd. shall be 5. of the above money of Defendant B and each of them.

Reasons

1. Basic facts

A. The status of the parties (1) The plaintiff is the council of occupants' representatives consisting of 300 residents of the Busan apartment.

(2) Defendant B served as the president of the Plaintiff from May 12, 2005 to December 31, 2008.

(3) Defendant D Co., Ltd. concluded a consignment management contract with the Plaintiff as the main company of multi-family housing management business, and performed the management business of A apartment from May 2004 to July 31, 2013.

(4) Defendant C was dispatched from May 2004 to April 30, 201 to A apartment and was in charge of accounting affairs.

(5) From 2005, Defendant E serves as the president of the A Apartment Women’s Association.

B. The Plaintiff’s procedures for managing funds and executing funds, other than management expenses, (1) the Plaintiff deposited all kinds of income, other than management expenses, into the F account (hereinafter “Repaid Fund account”) (hereinafter “Repaid Fund account”), G account (a commercial building No. 300 already used as the management office and kept rents to a third party; hereinafter “Rent account”), H account (hereinafter “Repaid Fund account”), and I (hereinafter “Repaid Fund account”).

(2) Meanwhile, in the event that the withdrawal of the Plaintiff’s funds is necessary due to the Plaintiff’s resolution on the agenda, an accounting officer prepared a draft, and obtained the approval of the director general of the management office, the vice-chairperson of the council of occupants’ representatives, and the chairman of the council of occupants’ representatives, and made it a method of withdrawing the funds by obtaining seals from the head of the management office

C. (1) The head of Busan Jin-si, such as the Plaintiff’s internal audit and the criminal complaint against Defendant B, etc. (1) as a result of visiting a A apartment management office according to the civil petition filed by the A apartment occupant and investigating accounting documents, without any basis for the Housing Act and the management rules.

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