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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. (1) The basic facts of the claim (hereinafter “instant building”) is an aggregate building (a total of 316 units for sectional buildings) completed around 192, which consists of a commercial building and a parking lot and a machine room from the second to the third underground floors.
(2) Defendant C was the representative of the management body of the instant building from March 3, 2010 to February 2, 2014, and Defendant B (hereinafter “Defendant Company”) was the managing body that signed an entrustment management agreement with Defendant C with regard to the instant building on March 31, 2010.
(3) On December 13, 2013, the Plaintiff acquired the business of Non-Party E (hereinafter “instant dance hall”) from Non-Party E, a dance hall [excluding one (375) among the 81 partitioned buildings in the third floor (49 sectional owners) and the remaining 80 partitioned buildings except one (375). The Plaintiff took over the business of the instant dance hall.
(4) On December 16, 2013, the Plaintiff agreed with Defendant C and the Plaintiff, the representative of the management body of the instant building, with a fixed amount of KRW 5 million per month, and entered into a contract for the deposit of KRW 30 million with the deposit money and KRW 10 million with the player management expenses (advance management expenses) (the Defendant C entered into the contract for the deposit for the above management expenses pursuant to Article 25(1) of the Building Management Rules. Meanwhile, the instant building was placed in front of the reconstruction, and the sectional owners delegated the authority for the use and profit-making of the building to Defendant C and the Plaintiff on the premise that they will receive the management expenses, and the Defendant C leased the same free of charge to Defendant E and the Plaintiff. Accordingly, the lease contract for the instant dance store was not concluded). The Defendant C paid the management expenses and the player management expenses and the aggregate of KRW 40 million with KRW 10 million with the cashier’s checks.
Defendant C is an employee of the Defendant Company of KRW 20 million out of the total amount of KRW 40 million on the same day.