1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The Plaintiff’s assertion was demanded by the Defendant, who was the president of CHousing Redevelopment and Improvement Project Association (hereinafter “instant partnership”), to lend money for the said redevelopment project, and on January 19, 2016, the Plaintiff lent KRW 19,00,000 to the Defendant.

In regard to this, the defendant asserts that the above KRW 19,00,000 was paid out of KRW 48,000,000 that the defendant lent to the plaintiff on January 22, 2015, but it is clear that the amount of KRW 48,00,000 was not a loan, and therefore, it is presumed that the plaintiff was a loan of KRW 19,00,000 to the defendant.

Therefore, the Defendant is obligated to pay the Plaintiff the loan 19,000,000 won and damages for delay.

2. Facts of recognition;

A. The Defendant was a general director of the instant association from around 2008 and was elected as the president of the association on November 7, 2014, and the Plaintiff was a person who was in office as a management director of the instant association from around 2008.

B. On May 30, 2017, the Plaintiff and the Defendant were indicted for the following facts constituting the crime of occupational embezzlement, etc. and was sentenced to the punishment of KRW 1.6 months and fine of KRW 10 million in each court (Seoul District Court 2016No3836) and the said judgment became final and conclusive on September 7, 2017 following the final appeal.

(2) The Plaintiff and the Defendant borrowed KRW 300,000,000 from the E company’s affiliate company (hereinafter “F”) as a joint and several surety, including the general meeting holding expenses and operating expenses of the association, while the Plaintiff and the Defendant discussed the selection of D and the contractor from September 2014. The Plaintiff borrowed KRW 10,000,000 from the F company (hereinafter “F”) that is an affiliate company of the E company, as a joint and several surety.

The Plaintiff and the Defendant used the loan amount of KRW 90 million from February 12, 2015 to F at the general meeting cost of the cooperative, and repaid to F with the partnership funds on March 5, 2015, but most of the remainder KRW 210 million.