Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. According to Gap evidence Nos. 1 through 4 (Partial Number omitted), Eul evidence Nos. 1, and Eul evidence No. 1, the plaintiff has a claim for unjust enrichment equivalent to KRW 76,80,000 and delay damages against C Union (hereinafter "debtor Union") on January 19, 2017; the defendant entered into a contract for the debtor association and the fund management agency (hereinafter "the contract of this case") on January 19, 201, and on behalf of the debtor union, carries out the fund management of the new apartment construction of the district housing association at Gangseo-si, Gangwon District Court 2019TT1096 on May 21, 2019; the plaintiff received a seizure and collection order against KRW 82,335,140 and KRW 40 on consignment against the defendant under the contract of this case; the defendant has no obligation to pay the defendant the charges to the defendant on May 23, 2019; the defendant on May 24, 2019; and the defendant has no obligation to pay the charges to the defendant on May 294, 294.
2. Judgment on the defendant's assertion
A. As to the assertion of non-performance of claims, the defendant asserts to the effect that the right to claim the payment of the entrusted fund of the debtor cooperative was not created in light of the content of the funds management in the contract in this case, according to the evidence No. 1, the application amount out of the entrusted fund cannot be disbursed except where the contract in this case is refunded to the members, where the contract in this case is terminated, or where it is transferred to the accounts of the contributions of the members and the agency expenses (Article 11(3)), the agency expenses may be disbursed only to the acting agent of the debtor association (Article 12(5)), and the debtor shall also bear the charges.