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(영문) 청주지방법원 2018.05.10 2017가합200662
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 269,964,311 and the interest rate of KRW 15% per annum from March 28, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is the council of occupants’ representatives consisting of the representatives of each building of 560 households of Chungcheongnam-gu Seoul Metropolitan Government (hereinafter “instant apartment”).

Defendant B entered into an employment contract with the Plaintiff around April 26, 2007, and was engaged in the management of revenues and expenditures of apartment management expenses as accounting staff of the apartment management office of this case until July 2016. Defendant C entered into an employment contract with the Plaintiff on April 1994, and directed and supervised Defendant B as the head of the management office of the apartment of this case until July 2016.

B. Defendant B, from January 11, 201 to May 26, 2016, entered a reasonable amount of expenditure in the disbursement resolution and the written request for a deposit from around January 11, 201, and obtained approval from Defendant C, and then withdrawn the amount of the said written request for a deposit by withdrawing the said amount without permission, as shown in the attached Form, 324 times in total, and used it for personal purposes.

C. As above, Defendant B was indicted for the crime of occupational embezzlement on the ground that he embezzled management expenses, and was sentenced to one year and six months of imprisonment on April 18, 2017 (Cheongju District Court 2017Kadan257). The above judgment became final and conclusive on April 26, 2017 because both the prosecutor and the Defendant B did not appeal.

Among the Enforcement Decree of the former Housing Act (Amended by Presidential Decree No. 27444, Aug. 11, 2016; hereinafter the same shall apply), the provisions concerning the composition and resolution of a council of occupants' representatives, management of management expenses, etc. shall be as follows:

Article 50 (Composition, etc. of Council of Residents) When two-thirds or more of the members of the council of occupants' representatives are elected, referring to the elected persons.

hereinafter the same shall apply.

shall be elected with the consent of a majority.

1. One chairperson;

2. At least one auditor;

(1) The council of occupants' representatives shall adopt resolutions on the following matters with the consent of a majority of its members pursuant to Article 43 of the Act:

1. A proposal for amendment of the management rules shall include the purport, contents, the term of validity of the proposal, the proposer, etc.;

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