A. The Plaintiff is the representative director of D Co., Ltd. (hereinafter “D”) who conducts the consulting business for reconstruction, and the Defendant is the representative of the promotion committee for the establishment of the Housing Reconstruction and Improvement Project Association in C (hereinafter “promotion committee”).

B. On November 12, 2012, a promotion committee issued a public notice of the selection of a specialized maintenance business operator (hereinafter “maintenance business operator”). The said public notice of bidding guidelines (hereinafter “instant bidding guidelines”)

Ⅲ Paragraph 1 of this article provides that "the selected enterprise shall bear all of the expenses incurred in holding a general meeting of resident selection of the maintenance enterprise"; and

Article 11(3) of the Provisions on Participation in Bidding provides that “The enterprise selected at a general meeting shall lend KRW 100 million to the promotion committee within 15 days, and the loan shall be converted to the promotion committee’s office operating expenses.”

On March 30, 2013, the promotion committee held the 6th general meeting for the selection of the rearrangement project implementer, but the meeting was not in progress due to the opposition of some residents, and on March 11, 2014, the 7th general meeting of residents selected D as the rearrangement project implementer.

C. Meanwhile, the Plaintiff paid in cash to the Defendant KRW 1.5 million on March 23, 2012, ② KRW 20 million on May 17, 2012, ③ KRW 10 million on July 11, 2012, ④ KRW 5 million on September 27, 2012, ⑤ KRW 17.15 million on October 17, 2012, ② KRW 280 million on January 28, 2014, ② KRW 80 million on February 16, 2014, and KRW 1.6 million on April 11, 2014.

On March 23, 2012, the Defendant: (a) received KRW 50 million from the borrower on March 23, 2012; (b) prepared the loan certificate (Evidence A 1-1) written by the borrower as the Defendant and the due date on March 23, 2014 in the name of the Defendant; (c) received KRW 20 million on January 28, 2014; (d) the borrower prepared a certificate of borrowing stating that the borrower’s chairperson, the due date on December 31, 2014; and (e) the annual interest rate of KRW 50 million (Evidence A-2).