1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Basic facts

A. The Defendant is a fishing village fraternity established with fishermen engaged in communal fishing business in the Gyeong-do, Hong-do. The Plaintiff is a chief secretary of the Defendant’s fishing village fraternity from January 1, 2010 to July 9, 2013, and was engaged in the Defendant’s affairs, such as receipt and disbursement of money, using the three affiliated accounts (Account Number:F) in the name of the former president D, and the same bank account (Account Number: G) in the name of the Plaintiff established on October 4, 2012.

(hereinafter referred to as “D’s public fund account”, “Plaintiff’s public fund account in the name of the Plaintiff”, and “Defendant’s public fund account” under the name of the Plaintiff. B.

On July 18, 2012, the Plaintiff entered into a contract to purchase 25 million won (hereinafter “instant contract”) on behalf of the Defendant on behalf of the Chief Director H, and transfers 15 million won in total to the accounts of public funds in the name of D on the same day, and received transfer of 10 million won from the accounts in the name of Jiuri Youth Association, and then remitted 25 million won to I in the purchase price.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1, response result of each order for submission of financial transaction information and purport of all pleadings against E-Union 1 branch of this court

2. The assertion and judgment

A. Plaintiff 1) At the time of the instant sales contract, the Plaintiff agreed to lend the Defendant’s public funds account to the Defendant, because there was no sufficient funds to pay the purchase price. On the day of the instant sales contract, the Plaintiff transferred KRW 15 million to the public funds account in the name of D, and (2) in addition, the Plaintiff agreed to borrow KRW 10 million from the Jririri Youth Association to pay it individually, and then the Plaintiff received KRW 10 million from the Jriri Youth Association to the public funds account in the name of D, and paid KRW 25 million as the purchase price in advance to I.

B. Therefore, 10 million won received from the above Jinri Youth Association.