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(영문) 서울북부지방법원 2017.11.16 2015가합3154
불법행위로 인한 손해배상(기)
Text

1. The defendant,

A. From July 26, 2014 to November 2, 2015, Plaintiff A Co., Ltd. with respect to KRW 246,995,00 and its amount.

Reasons

1. Basic facts

A. The plaintiff A is a company established by the sectional owners of the above building on July 9, 1979 for the management of the F market building with the third floor above the ground level in Seoul Jung-gu D and E (hereinafter "the building of this case").

B. On November 16, 2001, Plaintiff B had all of the sectional owners of the instant building jointly and severally operated the preservation and management of the common areas including the co-owned stores of the instant building after completing business registration. The main duties were to settle the profits accrued from the common areas and the public stores every year and to distribute them according to the co-ownership ratio of the sectional owners.

C. On January 26, 1998, the Defendant, who entered the Plaintiff A, served as a managing director from around 2002 to around August 2, 2010, and as a managing director from around July 31, 2014, was in charge of overall management of the Plaintiffs’ administration and funds.

On June 2015, the plaintiffs filed a complaint with the Seoul Northern District Prosecutors' Office on suspicion that the defendant embezzled while managing the plaintiffs' funds, and the Seoul Northern District Prosecutors' Office prosecuted the defendant on the following charges:

(hereinafter referred to as "the facts charged in this case"). (1) The victim A shall be held by the merchants newly located in the F market to raise expenses, such as the management of the merchant's welfare facilities, the advertising promotion for revitalization of commercial buildings, and the commercial protocol, which shall be paid KRW 1 million per store in the name of the sales cost and kept by A and the merchants' association in installments by 50%, respectively.

On January 7, 2011, the Defendant voluntarily consumed KRW 2,00,000,000, out of the sales cost paid in A, as above, from that time to July 25, 2014, as shown in the separate crime list (2) from that time, from that time, the Defendant voluntarily consumed KRW 24,699,00 for 116 times in total, as shown in the separate crime list (2).

Accordingly, the defendant embezzled the sum of KRW 24,699,500,000 in the course of business for the victim A's dispute resolution.

2 Occupational embezzlements against victims B

(a) Repair works;

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