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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
Basic Facts
From July 1, 1993 to April 25, 2015, the Plaintiff owned C’s land and its ground commercial building (hereinafter “instant building”).
From 200 to 2014, the Defendant entrusted the Plaintiff with overall affairs concerning the management of the instant building, such as the conclusion of a lease agreement of the instant building, lease deposit, receipt of monthly rent, collection and payment of public charges, such as water supply taxes, cleaning and management of the instant building. Among them, from 2011 to 2014, the Defendant was entrusted by the Plaintiff with the duty of return and payment of taxes, such as value-added tax and global income tax, on the lease proceeds of the instant building.
【Ground of recognition” without any dispute, Gap evidence Nos. 1 and Eul evidence Nos. 2, assertion of the purport of the whole pleadings, and judgment of the plaintiff asserted that "the defendant is liable to pay the plaintiff the above amount of KRW 28,901,070, including the rent of KRW 4,300,000 paid by lessee D (2 floor) and the rent of KRW 990,000 paid by lessee E (1 floor), and the remainder of KRW 28,901,070, which is paid only to the plaintiff, for the purpose of paying taxes, etc." As such, the defendant embezzled the above amount of KRW 28,901,070 by compensating the plaintiff for damages due to tort, the defendant is liable to pay the above embezzlement amount of KRW 28,901,070, and damages for delay."
However, there is no dispute between the parties that the Defendant paid to the Plaintiff the remainder after deducting the total amount of KRW 28,901,070 from the name of the construction cost, such as global income tax, value-added tax, local income tax, etc., purification work of the above building, and toilet pipeline construction, among the rents received from the lessee of the building of this case from from around 2011 to 2014, the Defendant embezzled the said amount of KRW 28,901,070 only on the basis of the facts of recognition and the evidence submitted by the Plaintiff.