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1. Defendant B and Korea New Management Co., Ltd. jointly share KRW 17,885,600 with respect to the Plaintiff and Defendant B with respect thereto.
Reasons
1. Basic facts
A. The Plaintiff is an autonomous management organization that consists of occupants of the member-gu A apartment (hereinafter “instant apartment”) in Ansan-si.
B. Defendant Seolim Housing Management Co., Ltd. (hereinafter “Defendant Seolim Housing Management”) concluded an entrustment management agreement with the Plaintiff and performed the management of the instant apartment from December 9, 2005 to December 8, 2007, and Defendant Seolim Housing Management Co., Ltd. (hereinafter “Defendant Newly”) concluded an entrustment management agreement with the Plaintiff and performed the management of the instant apartment from December 9, 2007 to December 8, 201.
C. From June 9, 2004 to October 31, 201, Defendant B served as a person in charge of accounting at the management office of the instant apartment, and engaged in the management and execution of apartment management expenses, etc. during the above period. During the above period, Defendant B served as an employee of the management office of the Defendant Seolim Housing, who belongs to the management office of the Defendant Seolim Housing, from December 9, 2005 to December 8, 2007, which constitutes the contract term of the above management of the Defendant Seolim Housing, and from December 9, 2007 to October 31, 201, respectively.
Defendant B was prosecuted on September 30, 2010 to October 5, 2011, for the crime of occupational embezzlement to the effect that: (a) the amount equivalent to KRW 53,475,250 out of the management expenses paid by the occupants of the instant apartment from around around October 30, 201, entered it as the failed management expenses in the accounting book and disposed of as if they were unpaid and embezzled at will; (b) accordingly, Defendant B was indicted for the crime of occupational embezzlement; and (c) on April 26, 2013 in the case of occupational embezzlement, the Suwon District Court Ansan Branch Branch 2012 High-Ma2774, and was sentenced to a suspended sentence for 8 months, and the said judgment became final and conclusive thereafter.
E. Defendant B fully repaid 53,475,250 won to the Plaintiff during the course of the occupational embezzlement case involving the said Suwon District Court’s Ansan Branch 2012 Highest 2774.
[Ground of recognition] There is no dispute.