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

Purport of claim and appeal

The first instance court.

A. A shopping mall (hereinafter referred to as “instant shopping mall”) was organized on January 201, 201 with a view to making friendly friendship and friendship among members of the shopping mall, assisting in mutual aid, and contributing to the development of the disadvantaged and local communities. Around that time, C was the president of the instant shopping mall, and the Defendant was the chief secretary of the said shopping mall.

B. The shopping mall of this case deposited membership fees, funds, etc. in the KB National Bank account (Account Number: D) opened under the joint name of C and the defendant (hereinafter the above deposited funds) and the defendant managed the deposited funds of this case and dealt with the accounting affairs thereof.

C. The amount of the instant money deposited is KRW 3,416,494 as of May 27, 2013.

【Ground of recognition】 An without any dispute, entry of Gap evidence 1-1, 2, 2, and 3, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion is as follows: (a) the Defendant on June 4, 2013 and the same year, on the grounds that the Plaintiff was absent on a monthly occasion, unpaid membership fees, etc.

8. 3. According to the resolution of the general meeting of shareholders, the general director and the member of the instant shopping mall were disqualified. Meanwhile, the instant shopping mall was changed to the name of the Plaintiff by maintaining its identity as it was in accordance with the resolution of the general meeting of August 30, 2014. Thus, the Plaintiff is an organization substantially identical with the instant shopping mall. Thus, the Defendant is obligated to return the deposited money managed by it to the Plaintiff.

B. First of all, according to the records in the Evidence No. 16, as to whether the Plaintiff is an organization substantially identical with the instant shopping mall, the minutes containing the fact that the name of the instant shopping mall was changed to the Plaintiff on August 30, 2014, and nine members, including C, etc., were signed as the participants of the meeting. However, the above circumstance alone is enough to recognize the fact that the name of the instant shopping mall was changed to the Plaintiff.