대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The defendant is a member of the D Regional Housing Association (hereinafter referred to as the “Inward Association”) which promotes apartment construction projects in the Gu, Si, Si, Gu, and Si, and the plaintiff is a corporation established for the purpose of real estate consulting service business, etc.
B. Around May 2, 2016, the Plaintiff transferred KRW 1722,00 to the national bank account of the LAE, and the account is the account in which the members of the non-party association deposit the contributions.
[Ground of recognition] The statements of Gap evidence Nos. 1 and 3, and some testimonys of Gap's witness F
2. The parties' assertion
A. Plaintiff 1) When the Defendant was unable to pay the contributions in KRW 17.22 million to the Nonparty Cooperative, the Defendant requested the Plaintiff through G to pay the contributions in lieu of the Plaintiff’s contributions. Accordingly, the Plaintiff paid the contributions in lieu of the Defendant. Thus, the Plaintiff’s contribution that was paid to the Plaintiff was ultimately lent to the Defendant, and the Defendant is obligated to pay the above loans to the Plaintiff. 2) If the Defendant did not express its intent to borrow the contributions to the Plaintiff, the Defendant would have acquired a profit of KRW 17.22 million without any legal cause due to the Plaintiff’s substitute payment of the contributions, and the Defendant is obligated to return the said contributions to
B. The Defendant did not request the Plaintiff through Defendant G to pay the Plaintiff’s contribution on behalf of the Plaintiff.
However, although the defendant had paid money to G in charge of the recruitment of union members to pay contributions, G has embezzled money without paying it. For this reason, G has paid the defendant's contribution by lending money from the plaintiff, it cannot be deemed that the defendant obtained legal benefits.
3. Determination
A. According to the Plaintiff’s assertion regarding the claim for a loan, G is a person who directly requested the Plaintiff to pay the contribution, and furthermore, G is the Defendant’s representative.