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

1. The parties' assertion

A. The plaintiff's assertion that the defendant has been managing time deposits of the clan as the former representative of the plaintiff clan.

On November 21, 2005, the Defendant deposited KRW 15,000,000 (hereinafter “instant KRW 1”) out of the amount of compensation for acquiring consultation on the land owned by the Plaintiff into the account in the name of the Defendant C and managed it.

At present, the said money is deposited as a fixed deposit of KRW 18,00,000 in the account of the OBS Savings Bank (hereinafter “instant KRW 2”) in the name of C, and the Defendant has paid the Plaintiff the amount equivalent to the interest on the said term deposit.

On November 9, 2014, the Defendant agreed to return the instant KRW 2 to the Plaintiff at an ordinary general meeting of clans opened.

Therefore, the defendant is obligated to pay to the plaintiff the above KRW 18,00,000 and damages for delay.

B. The defendant's assertion No. 2 of this case is a donation made D to C who is its grandchild regardless of the No. 1 of this case, and the amount equivalent to the above interest shall be contributed as the operating expenses of the clan.

The Defendant did not have agreed to return the instant KRW 2 to the Plaintiff, and cannot be said to have a duty to return to the Defendant the money in the account in the adult C name.

2. Determination

A. 1) First, the existence of a return agreement is examined as to whether the Defendant agreed to return as alleged by the Plaintiff. 2) In full view of the purport of the entire pleadings in Gap evidence Nos. 4 and Eul evidence Nos. 2, the Plaintiff passed a resolution to request the Plaintiff to deposit a clan deposit managed by the Defendant into a clan account at an ordinary general meeting held on November 9, 2014, but the Defendant, unlike other members, has failed to sign or seal the minutes.

In light of the above facts and the nature of each of the instant money, etc., testimony of witness E of the first instance court, consistent with the Plaintiff’s assertion, is difficult to believe, and otherwise, to recognize the Plaintiff’s assertion.