1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The defendant is a reconstruction association with the Seodaemun-gu Seoul project area which obtained the authorization of establishment on April 15, 1993. The plaintiff is a defendant's member, who was in office as the head of the defendant's association from October 22, 1994 to November 6, 2001.

B. On June 14, 1997, the Defendant entered into a contract for construction works with the company (hereinafter “Seoul Enterprise”) on the condition that the construction cost for all the construction works, such as the construction of a new apartment in the project area, shall be KRW 2,120,000 per average construction cost, and the repayment period of the funds necessary for the implementation of the project, such as relocation expenses, the purchase cost of state and public land, and the expenses for the operation of the association, shall be set and lent to the Defendant as the commencement date of the occupancy, and the Defendant shall pay the said construction cost to the members of the association and the general sale

After that, the defendant and the Gyeongnam company entered into a contract on September 29, 199 to pay overdue interest at the rate of 25% per annum from November 14, 1999 to the date of full payment, with the construction amount of KRW 3,144,01,504, and with the construction amount and all kinds of loans to be repaid until November 14, 199, but if the payment is not made in full, it shall pay overdue interest at the rate of 25% per annum.

C. On December 197, 197, Gyeongnam company commenced the above reconstruction project and obtained a provisional approval on and around September 199, and since October 2, 199, most of the occupants began to move in and completed the occupancy.

The Gyeongnam-gu filed a lawsuit against the Defendant as Seoul Western District Court Decision 2001Ga4248, which sought reimbursement for the construction cost and loan, etc., and the appellate court (Seoul High Court 2002Na47565) of the said lawsuit (Seoul High Court 2002Na47565) concluded settlement agreement on October 26, 199 in accordance with the management and disposition plan that determined the Defendant’s union members’ contributions as KRW 1,095,231, and the remainder of the Defendant’s union members except the Plaintiff D transferred the said union members’ contributions and the loan for moving expenses to the Gyeongnam-gu company, and thus, the Defendant’s obligation to the Gyeongnam-nam company was unpaid by the Plaintiff.