1. The plaintiff's claim is dismissed.

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

1. Summary of the plaintiff's assertion

A. The Defendant is a cooperative established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendant requested that the Plaintiff be in need of operating funds, which was the chairperson of the Promotion Committee for the Establishment of the Defendant (hereinafter “Promotion Committee”). On April 5, 2007, the Plaintiff transferred KRW 35.3 million to the Promotion Committee by using the account in the name of D on April 5, 2007, by designating KRW 30 million as the due date for repayment on August 30, 2014.

B. Therefore, the promotion committee is obligated to return the above loan amount of KRW 35,30,00 to the Plaintiff. ② If the agreement between the Plaintiff and the promotion committee is null and void because the promotion committee did not go through necessary procedures in the course of borrowing money from the Plaintiff, the promotion committee bears the duty to return unjust enrichment equivalent to the above amount to the Plaintiff. ③ If C borrowed money by deceiving the Plaintiff and then arbitrarily consumed it, the act of C constitutes a tort against the Plaintiff. The promotion committee is liable for damages to the Plaintiff under Article 35(1) of the Civil Act.

C. However, according to Article 15(4) of the Urban Improvement Act, since the rights and obligations related to the duties performed by the promotion committee are comprehensively taken over, the defendant established under the Urban Improvement Act on September 6, 2007 succeeds to the above obligation to return the borrowed money, the obligation to return unjust enrichment, or the obligation to compensate for damages arising from tort against the plaintiff of the promotion committee, and is obliged to pay 35.3 million won and damages for delay to the plaintiff.

2. First, upon the commission of the Plaintiff and C, a notary public of January 16, 2014 set the due date for payment of KRW 35.3 million to the Defendant on August 30, 2014 without interest agreement, and the Defendant did not perform its monetary obligation under this contract.