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1. Of the judgment of the first instance court, the part against the plaintiff falling under the following order for implementation shall be revoked.
The defendant.
Reasons
1. Basic facts
A. (tentative name) The Defendant is the chairman of the promotion committee for the establishment of D Housing Redevelopment Project Cooperatives (hereinafter “promotion committee”), and the Plaintiff is the head of the maintenance project headquarters of C Specialized Maintenance Project Management Business Co., Ltd. (hereinafter “C”).
B. Around January 10, 2011, H Co., Ltd. (hereinafter “H”) concluded a service contract with the content of demanding a written consent to establish a promotion committee and a promotion committee with regular approval.
(However, the contract shall be kept in custody by H and C).
C subsidized operating expenses and service expenses of the promotion committee in the form of a loan, and deposited money exceeding KRW 200 million from January 11, 201 to January 6, 2012 into the account under the name of the defendant.
In the case of the service cost, H collected written consent by mobilization of public relations personnel, and requested the promotion committee to pay the service cost, the promotion committee shall prepare a written request for borrowing the service cost, send it to C, and C remitted the amount to the account under the name of the defendant.
If the money corresponding to the service payment is deposited with the defendant's account, H withdrawn the money equivalent to the amount from the defendant's account and appropriated it to the service payment.
However, on February 201, H did not receive from time to time the service payment, such as deposit of the service payment on May 201 and July 2011.
In order to ensure the smooth payment of service costs, H representative director G continued to demand payment of service costs to C and the Promotion Committee, and the defendant lent 30 million won from I on June 30, 201 to G.
At the time, the defendant issued I a loan certificate for KRW 30 million, and received a loan certificate for KRW 30 million from G.
Since then, when I demanded repayment, the defendant lent 30 million won from E on November 30, 201 to 30 million won, and E demanded repayment to the defendant, and the defendant requested the plaintiff to transfer 30 million won to E's account.
2.3.