1. The Defendant (Counterclaim Plaintiff) paid KRW 15,392,728 to the Plaintiff (Counterclaim Defendant) and its amount from April 26, 201 to September 12, 2015.

1. Basic facts

A. The Plaintiff is a non-corporate association comprised of owners of each commercial building located in the Seo-gu Daejeon metropolitan apartment.

From March 25, 2010 to April 15, 2011, the Defendant served as the president of the Plaintiff’s association.

B. On January 31, 2013, the Defendant was convicted of summary indictment for the following facts constituting a crime, and the Defendant was sentenced to a judgment of conviction of KRW 4 million (Seoul District Court 2013Ma189, Daejeon District Court 2013). The Defendant appealed and appealed, but all appeals and appeals were dismissed, and the said judgment became final and conclusive.

[1] From March 25, 2010 to March 24, 2011, the Defendant: (a) received KRW 15,198,141 from the Plaintiff’s head of the Plaintiff’s association to take overall charge of the management of the funds of the association; (b) while the general assembly of the association members elected D as the head of the association, it did not recognize it until July 17, 2011; and (c) was actually managing the Plaintiff’s account under the name of the head of the association; (d) on April 25, 2011, the Defendant embezzled KRW 15,198,141 from the Plaintiff’s national bank account (F); and (e) embezzled KRW 405,90 from the Defendant’s personal bank account under the name of the Plaintiff’s name; and (e) embezzled KRW 208,298,200,000,000 for the Plaintiff’s private consumption of KRW 960,000 for the Plaintiff’s money.

3. The defendant had expired the term of office of the president of the partnership on March 24, 201, and since D was elected at the general meeting of partners as a new president of the partnership on April 15, 2011, the defendant was elected.