1. The part of the judgment of the first instance against the defendant shall be revoked.

2. The plaintiff's claim against the above cancellation portion is dismissed.

3...

1. Basic facts

A. The plaintiff is the council of occupants' representatives of Geumcheon-gu, Busan (hereinafter "the apartment of this case"). The defendant is the company in charge of the sale of the apartment of this case, and C is the representative director of the defendant.

B. C, from November 2014 to August 2015, 2015, deposited KRW 6,150,000,000, which was paid from the occupants of the instant apartment, was deposited in the Busan Bank Account (Account Number: D; hereinafter “instant account”) in the name of “BA management expenses,” and withdrawn KRW 4,00,000 on August 13, 2015 in cash, and was demanded by E, the representative of the Plaintiff, to refund KRW 6,150,00,000,000,000,000,000 from August 2016.

C. C was convicted on charges of occupational embezzlement of KRW 4 million and KRW 6,150,000,000 and deposit money for management expenses of the instant apartment.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 7, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff’s assertion is the Defendant’s representative director and caused damages to the Plaintiff by embezzlement of KRW 10,150,000,000,000 for management expenses and management expenses from the instant account. Therefore, the Defendant is obligated to compensate the Plaintiff for the total amount of KRW 1,345,00,00,000 for the damages incurred to the Plaintiff due to the Defendant’s tort, i.e., the said embezzlement amount of KRW 10,150,00 and the

3. The fact that a stock company is liable for damages due to a tort committed by its representative director pursuant to Articles 389(3) and 210 of the Commercial Act should be the case where the representative director causes damage to another person due to business execution.

Here, “in the course of performing business” does not belong to the representative director’s business itself, but includes cases where it appears to fall under the scope of the representative director’s business after observing from the appearance of the act.

. The representative director of a corporation in external form.