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1. The Defendant’s KRW 4,826,150 as well as 5% per annum from March 3, 2016 to February 22, 2018 to the Plaintiff.
Reasons
1. The Defendant, which caused the Plaintiff’s claim, was in office as the manager of the management office of the A apartment located in Busan Seo-gu C (hereinafter “the apartment of this case”) and embezzled KRW 278,557,569 of the management expenses paid by the occupant of the apartment of this case.
The plaintiff is an autonomous management organization consisting of occupants of the apartment of this case, and 140,000,000 out of the above embezzlement amount to the defendant is claiming damages or unjust enrichment based on tort.
2. Facts of recognition;
(1) The Plaintiff is an autonomous management organization consisting of occupants of the instant apartment, and the Defendant, while serving as the head of the management office of the instant apartment from April 16, 2010 to December 23, 2013, was in charge of managing management expenses, long-term repair appropriations, other expenses, and managing the money.
See The Plaintiff filed a complaint with the Busan District Court that embezzled the apartment management expenses, etc., and the Defendant was charged with the Defendant on May 18, 2016 with the Busan District Court Decision 2015Da3283, and the Defendant collected management expenses, etc. from the occupants of the instant apartment in connection with the performance of the said duties and stored the accounts opened in the name of the Plaintiff (National Bank D, Nonghyup E, NonghyupF) in the name of the Plaintiff, while directly managing the passbook connected with the said account in the course of managing the passbook directly, and then withdrawn KRW 10 million in cash from the said national bank account on March 22, 2012, and then deposited KRW 700,000 among them to the said agricultural bank account (G) and embezzled the remainder of KRW 3,000,000 for personal use, such as living expenses, and was convicted of a fine of KRW 4,006,000 by means of voluntary consumption and embezzlement for 60,500,000.
Secondly, the Defendant appealed to Busan District Court Decision 2016No2063, but the appeal was dismissed, and the Defendant appealed again.