1. The Defendant’s KRW 109,287,612 as well as 5% per annum from January 1, 2018 to September 18, 2020 to the Plaintiff.

1. Basic facts

A. The Plaintiff is a management body consisting of all sectional owners of the apartment-type building A (hereinafter “instant building”) located in Seo-gu Incheon Metropolitan City, and the Defendant works as the head of the building management office from February 2, 2002 to December 2, 2017 and performed duties such as imposition of management fees, disbursement, facility repair, etc.

B. On October 17, 2019, the Defendant was sentenced to one year of imprisonment for the following criminal facts (Seoul District Court 2019Da3888), and the Defendant appealed and was sentenced to ten months of imprisonment for the same criminal facts on January 10, 2020 (Seoul District Court 2019No3548), and the judgment became final and conclusive on January 18, 2020.

(hereinafter referred to as “related criminal case”). 1. Fraud related to electrical charges (from September 2007 to December 2017) - 134,228,196 won, which is the difference, shall be obtained from lessees and shall be obtained by deceiving the difference of the amount exceeding the actual electrical charges.

2. Occupational embezzlement related to the refund for an accident insurance (from September 10, 2009 to October 8, 2009) - Occupational embezzlement by arbitrarily consuming KRW 3,574,010 after the cancellation of the accident insurance subscribed for the council of occupants' representatives of the building of this case, by transferring the amount of KRW 3,574,010 to the defendant's account;

3. Business embezzlement related to management expenses (from July 5, 201 to April 24, 2017), - Business embezzlement of KRW 63,91,746, which arbitrarily consumes management expenses paid from D, who is an occupant of the building of this case, into a bank account in the name of the defendant, after receiving payment of the management expenses from D.

4. Fraud related to the cleaning cost of a septic tank (from May 2008 to August 2016) - The amount exceeding the actual cleaning cost of the septic tank shall be collected from lessees and the difference shall be 3,050,000 won shall be acquired through deception;

C. The Defendant paid the Plaintiff KRW 20,000,000 on September 5, 2019 and KRW 20,000,00 on December 24, 201 of the same year in the process of the pertinent criminal case, and paid KRW 25,556,340 on the electric charges imposed on the instant building at the private expense.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 19, 20, Eul evidence Nos. 2, 4 through 7 include each number, below.