The defendant's appeal is dismissed.

The plaintiff's claim extended by this court is dismissed.

The costs of appeal are assessed against the defendant.

1. Basic facts

A. The Defendant is the Plaintiff’s president, who retired from office on June 25, 2019.

B. The Plaintiff deposited the membership fees of its members in C’s account under the name of the Plaintiff’s general secretary, and required C to manage them. The Defendant received KRW 2,00,000 from C on May 17, 2019, and KRW 2,111,111,181 out of the above membership fees from C on May 23, 2019, and deposited KRW 4,181,181 in the Defendant’s account under the name of the Defendant (CF).

(c)

On July 4, 2019, the Plaintiff requested the Defendant to return the above membership fee to the Defendant.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 2 and 3-1, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Plaintiff’s members accumulated a total of KRW 6,451,181 with membership fees, and that the Defendant did not refund the above membership fees despite the Plaintiff’s resignation from the Plaintiff’s office. Therefore, the Plaintiff asserts that the Defendant sought the return thereof.

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff the membership fee amounting to KRW 4,111,181 and delayed damages.

However, the evidence submitted by the plaintiff alone is insufficient to recognize that C deposited a membership fee in excess of the above recognized amount, or that the defendant is keeping the membership fee in excess of the above recognized amount, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim in excess of the above recognized amount cannot be accepted.

B. The judgment of the defendant regarding the defendant's assertion is that the defendant paid membership fees for the operation of the plaintiff as follows, and thus, the amount to be returned to the plaintiff is not remaining

The argument is asserted.

On June 9, 2019, 170,000 mountain conference food rental fees (including remittance fees of KRW 3,000) 653,000 on June 9, 2019, 80,000 on June 13, 2019, purchase of 80,000,000 mountain village mountain village in the amount of June 13, 2019, for mushroom green expenses of KRW 233,000 on June 13, 2019.