1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Basic facts

A. The Plaintiff is an organization formed by the occupants of the instant shopping mall for the management of the Gu, Si, Si, and Gu (hereinafter “instant shopping mall”). The Defendant is a person who works as the president and manager of the Plaintiff from October 14, 2008 to November 16, 2012, while working as the president and manager of the Plaintiff.

B. The Defendant, while holding office as the president of the Plaintiff Maddong Association, concluded a fire insurance contract for the first floor of the instant commercial building between Samsung Fire Insurance Co., Ltd., with the contractor and the beneficiary as the Defendant for the ten-year contract period.

C. The part related to fire insurance among the Plaintiff’s bylaws (hereinafter “instant bylaws”) is as follows.

Article 9 Building Fire Insurance shall be concluded on a yearly basis from the Plaintiff prosperity to the one-year unit, and shall be collected in installments, including the management expenses, according to the unit area, and the fire insurance for the interior and the goods in the store shall be separately subscribed at the expense of the sectional owner.

Article 31 The fire insurance building portion shall be subscribed to under the name of the Plaintiff Association, and the owner of the fire insurance shall bear the interior part for each shop.

Provided, That if the lease contract is agreed to be borne by the lessee, the fire insurance shall also be purchased for the lessee's goods.

On November 14, 2012, when requesting an accounting audit of the plaintiff, the defendant paid KRW 5 million to the Korean accounting corporation as the plaintiff's funds.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 5 through 7 (including each number), Gap evidence 9 and 10, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Although the fire insurance on the instant commercial building provides that the instant commercial building shall enter into a one-year contract under the Plaintiff’s name, the Defendant violated the above provision with intent of illegal acquisition and concluded a fire insurance contract under the Defendant’s name for a ten-year period. This is on duty.