1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. The court's explanation of this part of the facts of recognition is identical to the corresponding part of the reasoning of the judgment of the first instance except for the reason that the court states that "the second page No. 18 (hereinafter referred to as "the second page No. 2") is "the second page No. 18")", and that "the second page No. 17" is "the time of rejection" as "the time of rejection", and therefore it is also identical to the corresponding part of the reasoning of the judgment of the first instance. Thus, it shall be cited in accordance with

2. The assertion and judgment

A. The Defendant, based on the power of delegation and confirmation, received the lease deposit and monthly rent of KRW 40 million from J (hereinafter “instant rent, etc.”) (the Defendant itself recognizes the duty to return the instant rent, etc.), and the fact that the Plaintiff received a collection order against the Defendant of the Nonparty Union regarding the claim for refund, such as the instant rent, etc., as seen earlier.

Thus, the defendant is obligated to pay the above KRW 40 million to the plaintiff, unless there are special circumstances.

B. The defendant's defense 1) The defendant received the rent of this case from the non-party union and agreed to appropriate it for the settlement of the union members' liquidation money or the settlement of the bill against the non-party union's claim against the non-party union. Accordingly, the following facts are acknowledged in full view of the purport of the arguments in the evidence Nos. 1, 2, 3, 4, 7, and 9-1 to 5, respectively.

① Around June 1, 2010, the Defendant organized the “Self-helping Committee for Sales Entrustings”. Around June 2010, the members of the Cash Liquidation Council consented to the agreement of the above Self-helping Committee and appointed the Defendant as the chairperson, and submitted a written consent to the appointment of executive officers.

② Nonparty Union shall liquidate cash on October 5, 2010 according to the management and disposition plan finalized at the general meeting of the members of the Union held on August 18, 2004.