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(영문) 수원지방법원 안산지원 2018.01.12 2017가단51740
횡령금 등 반환 청구
Text

1. The Defendant shall pay to the Plaintiff KRW 41,146,470 and the interest rate of KRW 15% per annum from November 18, 2017 to the date of full payment.

Reasons

1. The following facts for the determination of the cause of the claim may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap 1, 2, 3, 17, and 18.

From around September 4, 1985, the Plaintiff is a management body with the aim of implementing the business of managing the building of the 116 generation units of the 116th unit representing the residents of the 116 generation of the building A, and the Defendant was in the office of the Plaintiff management body from May 2007 to July 2015, and was engaged in the business of collecting and disbursing the expenses of joint management.

B. Around May 2007, the Defendant received management expenses of KRW 35,786,057 from the full-time general affairs of the Plaintiff management body. From May 2007 to July 2015, the Defendant received total of KRW 148,50,000 for monthly management expenses from the occupants of A, and deposited KRW 157,013,460 in the Defendant’s corporate bank deposit account (hereinafter “A management expenses deposit account”) using the management expenses as the management expenses account, and deposited KRW 27,272,597 in the Defendant’s corporate bank deposit account (D).

C. Around January 18, 2008, the Defendant transferred KRW 70,000 out of the management expenses stored in A’s deposit account to an enterprise bank deposit account in the name of the Defendant, and voluntarily consumed them for the Defendant’s personal use, such as the Defendant’s living expenses, etc. from that time to February 26, 2015, the Defendant arbitrarily consumed KRW 27,538,100 in total by the same method 47 times in total, as shown in the List of Crimes (1).

On November 4, 2011, the Defendant voluntarily consumed KRW 31,765, out of the management expenses stored in A’s deposit account, to pay for the Defendant’s personal use by means of the Defendant’s bar card payment. From that time until June 30, 2015, the Defendant voluntarily consumed KRW 7,067,470 in total by the same method 19 times, as shown in the attached list of crimes (2) from June 30, 2015.

(e).

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