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(영문) 수원지방법원안양지원 2015.04.03 2013가합5188
손해배상
Text

1. Defendant C and Defendant E shall be jointly and severally liable to the Plaintiff, Defendant E shall be KRW 578,407,437, and Defendant C shall be lost.

Reasons

1. Basic facts

A. Party 1) The Plaintiff is a building A located in Gunpo City F (hereinafter referred to as “instant building”).

The management committee consisting of the representatives and officers of each floor elected at the general meeting of occupants. Defendant E Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd”).

(B) A company established for the purpose of building management business, such as buildings and commercial buildings (hereinafter referred to as “the network”).

(2) From November 2, 2006 to October 2, 2013, the Defendant Company was actually managing the Defendant Company as the representative director or internal director of the Defendant Company, and the Defendant Company was working as the director of the accounting division of the Defendant Company. (2) The Deceased died on October 27, 2013, and succeeded to the property of each deceased, who is the wife, C and his children, G, H, I, and J, and the Defendant C was adjudicated on qualified acceptance on January 16, 2014 (Yan District Court Decision 2013Ra85, Jun. 2, 2013), H, H, J, and II, the heir’s children K, L, the heir of H, on December 17, 2013, G, and I were found to have been tried on December 27, 2013 (No. 2013838, Jun. 28, 2013).

B. On May 31, 201, the Plaintiff entered into a contract for building management (hereinafter “instant contract”) with the Defendant Company, setting a contract term of 36 months from June 1, 2011 to May 31, 2014 with respect to the instant building, and setting the contract amount of 38,260,000 won (excluding surtax). The Defendant Company collected and managed the reserves for long-term repairs, general management expenses, repair and maintenance expenses, electricity charges, water charges, etc. from the occupants of the instant building in accordance with the said contract and performed the duties of managing and disbursing them.

C. The Plaintiff in the relevant criminal case filed a complaint with the Suwon District Prosecutors’ Office in response to the suspicion of occupational embezzlement by asserting that he/she conspired with the Deceased and Defendant D, and that he/she embezzled KRW 578,407,437, including the long-term repair appropriations collected from the occupants of the instant building from January 201 to August 2013, by arbitrarily using the total of KRW 578,407,437, etc., of the long-term repair appropriations collected from the occupants of the instant building, and the prosecutor of the

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