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(영문) 대구지방법원 2015.06.19 2014나11015
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. From June 2007 to June 3, 2013, the Defendant received and disbursed management expenses for the six households of Daegu Suwon-dong (No. 101, 102, 201, 202, 301, 302, 302) from June 3, 2013.

B. On September 1, 2010, the Defendant withdrawn KRW 1,000,00 from the management expenses deposited in the head of the Tong (Seoul AF) under the name of the Defendant, which received the above six household management expenses, and used them to I who was the husband of the Defendant at will around that time.

C. In addition, the Defendant used the same method from February 29, 2012 to February 29, 2012 at no time by allowing the Defendant’s husband to use KRW 12,691,40 in total on 11 occasions as shown in the attached sheet.

The management expenses paid by the plaintiffs to the defendant (hereinafter referred to as the "management expenses of this case") consisting of electricity tax, water tax, long-term repair appropriations, septic tanks cleaning expenses, and loan cleaning expenses, and the electricity tax was transferred automatically from the account under the above defendant's name on every 20th day of the month and the water tax was transferred automatically on every 30th day.

E. The Defendant did not have been in arrears with the electricity and water supply while performing the duties of receiving and disbursing management expenses.

F. The Defendant, with the long-term repair appropriations in the above Defendant’s account, paid total of KRW 12,472,90 to the construction business operator from May 21, 2012 to May 20, 2013.

G. As of May 15, 2012, the Defendant, as of May 15, 2012, announced the long-term repair appropriations of KRW 13,080,440, which the Defendant kept in the account under the name of the said Defendant, to the occupants of GGra, and continued to have received the long-term repair appropriations from GGra

H. G lenta B is a sectionally owned building.

I. The plaintiff B and E are the lessee of the house where he live.

[Ground of recognition] Gap's evidence Nos. 1, 4, 5-1, 4, 6 GGra's above documents are located at the last page of the documents submitted as Gap's evidence Nos. 5-6, and are stated as "114" at the bottom of the above documents.

- Section B 1, 2, .

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