logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.06.27 2012가단5153781
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 2,155,603 as well as 20% per annum from January 15, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are sectional owners of the aggregate building listed in the attached Form (hereinafter “instant aggregate building”).

B. The owners of the instant condominiums did not hold a management body meeting after the completion of the management of the sales body, and the Defendant collected management expenses, etc. from the occupants as the managers of the shopping malls.

C. In addition to collecting monthly electrical charges from the owners of the instant condominiums, the Defendant collected a total of KRW 58,000 through KRW 317,000 as management expenses from October 19, 200 to November 23, 2012. From January 19, 2004, additional items for personnel expenses, other than management expenses, have been newly established and collected KRW 106,40 to November 23, 2012 as personnel expenses until November 23, 2012. From August 24, 2008, additional items for management expenses and safety management expenses in addition to management expenses and personnel expenses have been newly established and collected KRW 52,500 as safety management expenses from November 23, 2012.

On May 22, 2004, the Defendant entered into a lease agreement to install a relayer of ELPus on the instant aggregate building with ELPus upon delegation from C, D, A, and E (hereinafter “instant lease agreement”). Since then July 13, 201, the instant lease was renewed upon delegation from C and B. From May 31, 2004 to July 29, 201, the Defendant was transferred KRW 35,960,000 from ELPus to the account under the name of the Defendant.

E. The Defendant was issued a summary order under the Seoul Central District Court Decision 2014 High Court Decision 2014 High Court Order4935, on the following grounds: “The Defendant received KRW 35,960,000 from EL Plus to July 29, 201 under the instant lease agreement and embezzled the rent of KRW 30,200,000, excluding the electricity fee, from May 31, 2004 to July 29, 201.”

[Ground of recognition] A.

arrow