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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company running real estate management business and facility management business, and the Defendant’s employees from October 2003 to July 2015 work as the managing director of the Bupyeong City C Building (D) who entered into the above entrustment management contract, and were in charge of collecting the Plaintiff’s management fees and managing facilities.
B. The Defendant reported to the Plaintiff only the amount reduced by 744,630 won out of the management expenses each month from April 2006 to March 2012 with respect to the C Building Fhos owned by the above E (hereinafter “instant partitioned building”).
[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 3, 6 evidence, Eul's 5 and 6 evidence (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion is obligated to return the amount of unjust enrichment equivalent to the above difference to the plaintiff, since the defendant collected the full amount of management expenses from E with respect to the partitioned building of this case from April 2006 to March 2012 omitted totaling 53,593,920 won (=74,630 won x 72 months) and paid only the remainder to the defendant, even though the defendant collected the total amount of management expenses from E with respect to the divided building of this case. If the defendant committed a reduction in collusion with E, not with the use of the above difference individually, it shall be liable to compensate the plaintiff for damages due to
B. Each of the following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in the evidence Nos. 1 and 6:
1) The Plaintiff claims similar to the instant claim, and filed a complaint against the Defendant on suspicion of occupational embezzlement. The Prosecutor rendered a non-prosecution disposition against the Defendant on December 7, 2018. 2) With respect to the Plaintiff’s complaint, the Defendant is one of the owners of E in order to benefit from the Plaintiff to E who is able to exercise the influence over the re-contract of the entrusted management contract.