부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The Plaintiff’s assertion did not receive a loan of KRW 20 million from the Defendant on September 8, 2008. The Defendant’s employee B, who was an employee of the Plaintiff, appropriated KRW 20 million out of the proceeds from the sale of the land in Pyeongtaek-gun C and D, Jeonnam-gun and was owned by the Plaintiff, for the repayment of the above date’s loan obligation, and was paid directly by the buyer. Therefore, the Defendant is liable to pay the Plaintiff KRW 20 million and damages for delay.
2. Comprehensively taking account of the entries in the evidence Nos. 1 through 5 and the purport of the entire pleadings as to each of the above lands alleged by the Plaintiff, KRW 72,50,000 out of the proceeds from the sale of each of the above lands deposited into the Plaintiff’s account opened in the Defendant Cooperative; KRW 58,00,000 out of the above money deposited on September 1, 2008, the date of such deposit, is appropriated for the repayment of the loan owed before the Plaintiff, and the remainder of KRW 14,50,000,000 was withdrawn on September 2, 2008 by the Plaintiff; however, even if the aforementioned appropriation was made, the Plaintiff had a debt worth KRW 20,000,000,000 out of the above loans, and was appropriated for the repayment of the remainder of the loans. Therefore, there is no reason for this assertion.
3. The plaintiff's claim for conclusion is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed.