1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a commercial building management body comprised of the shop occupants located in Daegu-gu Seoul Metropolitan City, a commercial building management body consisting of the shop occupants located in A and doing business.

B. The Defendant is a person who operated a health club with the trade name “D” in the above shopping mall Nos. 504 and 505, and served as the Plaintiff’s president from October 2008 to July 2014.

C. The president of the Plaintiff represents the Plaintiff and a person in charge of all the affairs, who collects membership fees from the members of each month and pays them in accordance with the prescribed items, and then makes a settlement report at the ordinary meeting held every month.

On June 17, 2014, the defendant transferred 506,229 won of the membership fee managed by the defendant to E, a new president of the plaintiff, and E acquired it.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 32, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) After the Defendant was appointed as the president, he managed the Plaintiff’s membership fees using the Daegu Bank passbook established under the name of the former president, and the Nonghyup Bank passbook established under his own name. 2) The Plaintiff’s president, from the membership fees deposited by the shop occupants by the membership fee management passbook, the amount of expenses incurred each month, such as electric charges, commercial building management service charges, fire-fighting management expenses, CCTV expenses, elevator-related expenses, cleaning service charges, electrical safety management expenses, water supply and sewerage charges, etc., and the amount deposited by shop occupants among the membership fees under the name of the former president, such as repair allowances, commercial building membership fees, signboard production expenses, etc., was managed in the form of automatic transfer

3. During the period of the Defendant’s service as the president, the amount of money to be accumulated in the membership fee management passbook is KRW 26,727,00,00, and the said money and the Defendant’s membership fee KRW 6,798,394 and the tenant F.