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(영문) 서울중앙지방법원 2016.06.24 2015가단5234568
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C’s KRW 24,469,130 as well as 20% per annum from September 11, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff is an organization comprised of shop owners and lessees for the management of Amera in Gangnam-gu Seoul Metropolitan Government D.

Defendant B was the chairperson of the Plaintiff from March 1, 2012 to March 31, 2014, and Defendant C served as the Plaintiff’s accounting employee from September 24, 2013 to August 22, 2014.

B. Defendant C was convicted on May 28, 2015 (Seoul Central District Court 2014Da10151) on the ground that he/she embezzled total of KRW 33,759,130 as shown in the separate sheet while he/she kept management expenses, etc. paid in cash from around October 2013 to July 2014, and the said judgment became final and conclusive around that time.

Defendant C repaid to the Plaintiff KRW 9,290,000 out of the embezzlement amount.

C. Of the Plaintiff’s bylaws and management regulations, the parts relating to the instant case are as follows.

Article 2 (Purpose) of the Rules of the Operating Association is to protect A's property and rights and interests based on the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Act on the Ownership and Management of Aggregate Buildings"), to reflect the opinions of members in the management and operation of commercial buildings, and to contribute to the common interests of share holders and occupants and the development of commercial buildings.

Article 3 (Representative Agency) This Section is the only representative organ for the exercise of joint ownership in, and the joint operation and management of, A Commercial Building externally and externally.

Article 6 (Qualification)

1. The equity right holder of the main commercial building shall become a member of the main office when no tenant exists;

2. A tenant who moves into the commercial building shall be a member of the shop during the lease period;

Article 9 (Composition of General Meeting)

1. Members shall form a general meeting for the management of a commercial building under the Aggregate Buildings Act;

Article 11 (Resolution of General Meeting)

2. The decision of a general meeting shall be made by aggregating the attendance of a majority of the incumbent members and the affirmative votes of a majority of the present members; and

Article 13 (Meetings of Management and Operation Members)

1. The members of each floor shall be elected by a resolution of the general meeting or the Standing Management Committee in order to efficiently perform the functions of the general meeting;

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