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(영문) 부산지방법원 2017.05.19 2015가단210497
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts: ① The Plaintiff is the council of occupants’ representatives consisting of representatives from each building of the Geumcheon-gu Busan Metropolitan Government A apartment (hereinafter “instant apartment”); ② Defendant B served from November 2006 to October 201 as the Plaintiff’s auditor; the Plaintiff’s president (representative) from November 2012 to September 20, 2014; ③ Defendant C served as the head of the management office of the instant apartment during the said period, and there is no dispute between the parties.

2. The plaintiff's assertion

A. Defendant B, who was the Plaintiff’s auditor and president, and the managing director of the apartment of this case, committed an illegal act, such as embezzlement, in collusion with the following.

1) From May 22, 2006 to November 8, 2012, a separate passbook was opened in the name of Defendant B, and 8,482,269 out of the management expenses collected from occupants, including the long-term repair appropriations, was embezzled by depositing KRW 8,482,269 out of the nominal amount, such as the long-term repair appropriations, into the passbook in the management expenses passbook. 2) From January 3, 2006 to September 5, 2012, the embezzlement of the elevator reserve funds was embezzled without depositing KRW 4,119,217 out of the management expenses collected from occupants in the name of the elevator reserve funds from the occupants.

3) Around May 2007, an embezzlement of the proceeds from the sale of facilities in a septic tank, which was no longer necessary while performing the purification work, sold to others, and embezzled the proceeds from the sale of facilities in a septic tank equivalent to approximately KRW 70,49,000. 4) Food, embezzlement due to the nominal disbursement or breach of trust from January 20, 2005 to September 19, 2014, 12,710,400, out of the management expenses collected from occupants, such as the long-term repair appropriations for long-term repairs, from among the management expenses collected from occupants, for the purpose other than the purpose of embezzlement or breach of trust.

B. Therefore, the Defendants are obligated to pay to each of the Plaintiff the money claimed as compensation for damages arising from the joint tort as above.

3. Determination

(a) Embezzlement the long-term repair appropriations, etc. and the reserve of elevators;

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