입회금 반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal, including the part arising from the participation in the appeal.
1. The reasoning of the court's explanation of this case is as follows, except for the addition of the judgment under Paragraph 2 to the corresponding part of the reasoning of the judgment of the first instance, and thus, it is consistent with the reasoning of the judgment of the first instance, and thus, accepts it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary part] The second part of the second part of the judgment of the court of first instance shall be "a hotel" as "a hotel", and the fifth part " June 12, 2007" as " June 12, 2007" respectively.
The first instance court's decision No. 21-22 of the first instance court's decision "the defendant has the obligation to return to the plaintiff" shall be followed as follows.
The defendant shall have the obligation to return to the plaintiff KRW 220 million equivalent to the face value of one of the total face value of 30 copies of the hotel membership in this case. The "Financial Audit and Inspection Commission" of the 11th judgment of the court of first instance shall be established with the "Financial Supervisory Service" of the 11th judgment.
2. Additional determination
A. The gist of the Plaintiff’s assertion 1) The instant transfer security agreement was concluded in a way that the Nonparty bank secured additional collateral that was insufficient at the time of implementing each loan to C and D. The Defendant’s 30 copies of hotel membership rights (hereinafter “instant membership rights”) in the instant bank.
Considering not only the resolution of the board of directors that provides the Plaintiff as security but also the fact that the Defendant’s representative H prepared a letter of confirmation that “the full amount of the instant membership fee was paid in full” to the Plaintiff, it is apparent that the instant security agreement was concluded genuine.
Therefore, the defendant is liable to compensate the plaintiff, who is the trustee in bankruptcy of the non-party bank, for damages due to the non-performance of the obligation to provide security under the transfer security contract of this case.
On the other hand, however,