The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. The gist of the Plaintiff’s assertion was the chairman of the council of occupants’ representatives (hereinafter “instant council of occupants’ representatives”) of the instant apartment house C (hereinafter “instant apartment”) located in harmony from around December 2012 to around 2017.

The defendant is a resident of the above apartment house.

The defendant filed a complaint against the plaintiff on the charge of occupational breach of trust.

The defendant shall pay consolation money for mental suffering suffered by the plaintiff due to the following illegal acts:

① A medical corporation near the apartment of this case (hereinafter “the instant medical foundation”) decided to perform the construction work equivalent to KRW 248,00,000 as the interior repair work for the apartment complex’s compensation for damages to the occupants (hereinafter “the instant repair work”). In fact, only KRW 176,783,00 as the construction work cost, and KRW 6 million as the green damaged repair work cost was paid by the said council of occupants’ representatives rather than the said medical foundation.

The Plaintiff obtained a benefit equivalent to KRW 71,217,00 and KRW 6,000,000,000, which is equivalent to the above difference, from the above medical foundation, thereby having the said medical foundation obtain occupational breach of trust.

② On around 2015, the Plaintiff entered into a contract with a lighting business entity to engage in the lighting work for an apartment parking lot (hereinafter “instant lighting project”), and entered into a construction contract with a construction business entity with a construction cost of KRW 3,3830,000,000, the actual construction cost of which is KRW 26,440,000, and received KRW 7,920,000, the difference from the lighting business entity for occupational breach of trust.

③ Around 2016, the Plaintiff entered into a contract with an enterprise for the resolution of water leakage in an apartment parking lot (hereinafter “instant water leakage construction”). As such, the instant council of occupants’ representatives did not enter into an agreement on the duty of repair of defects. As a result, the instant council of occupants’ representatives used a new fee of KRW 35 million as the cost of repair, thereby engaging in occupational breach of trust.

2. In filing a complaint, accusation, etc., the accused, etc. knew of the absence of a criminal charge.