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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 revoked part shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff, from April 16, 2008 to April 201, 201, managed the duties of accounting, etc. as the general secretary of the Defendant clan.
B. Around June 2009, the Defendant clan started the construction of 75.24 square meters of the first floor for the use of the room (referred to as “the building of this case” hereinafter) on the ground of Ysan-si, Dasan-si, 2009, and completed the use approval on November 23, 2010 for the completed building.
[Ground of recognition] Facts without dispute, Gap evidence 6, Eul evidence 5, the purport of the whole pleadings
2. Determination
A. The plaintiff asserted that for the defendant, 34,615,570 won for the construction of the building of this case, 8,518,550 won for the building of this case, 1,575,00 won for the removal of walls of this case, 716,620 won for the removal of stairs, 1,70,000 won for the installation of watch boards, 1,200, loan interest of 1,360,000 won for the maintenance of relics, 1,360,000 won for the above construction of the building, 34,615,570 won for the above construction of the building of this case, 36,000 won for the above construction of the building of this case, 1,706,490 won for the above construction of the building of this case, 300,700 won for the management of the building of this case, 300,700 won for the above construction of the building of this case
B. Determination 1) As to whether the Defendant agreed to pay KRW 36,00,000 to the Plaintiff, the Defendant’s general meeting held that the Plaintiff passed a resolution to pay the construction cost of the instant building to the Plaintiff on April 25, 2010 cannot be used as evidence because there is no evidence to deem that the Plaintiff’s signature or seal was not affixed and otherwise genuine. The evidence No. 3 of the Plaintiff (the “D”, the name of the Defendant’s representative at the time of the report on new construction expenses, is written and the Defendant’s seal is affixed thereon, but the above signature is based on D.