대여금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The Defendant (hereinafter “Defendant Partnership”) is the Housing Redevelopment Development and Improvement Project Association established with the area of 45,765.50 square meters outside Gwangju-dong, Gwangju-gu, and 367 square meters in business implementation.
B. Around 2017 regarding the operation of the Defendant Union or the composition of its executives, a number of legal disputes arose, such as making a resolution to dismiss executives by convening this extraordinary meeting, or filing an application for provisional disposition to suspend the performance of duties or to appoint executive officers on duty (Seoul District Court 2017Kahap 50283, etc.).
[Ground for recognition] Unsatisfy, Gap evidence 2 through 8 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff is a member of the Emergency Countermeasure Committee consisting of D, etc., a member of the Defendant Union (hereinafter “Emergency Countermeasure Committee”) from March 2017 to August 2019, subject to return when the Defendant Union was normalized, the Plaintiff paid KRW 19,67,600, the aggregate of the operating expenses of the Emergency Countermeasure Committee; ② KRW 17,350,000,000, including the attorney fee for the case of provisional disposition application between D and the Defendant Union or its executives; ③ KRW 45,567,60,000,000, including office rent, house rent, newspaper fee, etc. during the period of operation of the Emergency Countermeasure Committee. This is the Plaintiff’s loan to the Defendant Union.
Therefore, the Defendant Union is obligated to pay the Plaintiff the above loan amounting to KRW 45,567,600 and the delayed damages.
B. The plaintiff was a member of the defendant association's assertion
The emergency response committee asserted is a voluntary organization, and the defendant union or its members have no consent to the composition and operation of the committee, and there is no responsibility for the defendant union to pay the money paid by the plaintiff for the emergency response committee.
3. The evidence presented by the Plaintiff alone is asserted by the Plaintiff.