1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

1. Basic facts

A. The plaintiff is a person conducting construction business, and the defendant is a school juristic person established with the purpose of establishing and operating a C college around 2001.

B. On January 31, 2007, the Plaintiff received the loan certificate prepared by D and E by the president of the Defendant Corporation and the letter of undertaking prepared by D and E, and transferred KRW 59,480,00 to the Defendant Corporation account around 12:41 on the same day.

The letter of commitment contains the following contents:

The following commitments are committed to the Plaintiff who lent KRW 60 million to the Defendant Logistics College:

1. The village fund shall pay interest every month on the borrowed money;

2. That the principal shall be repaid at the end of June 2007.

3. To delegate the construction work of the distribution center to be constructed at the distribution and logistics university (the contract awarded for the construction work shall be later concluded);

C. However, even until now, the distribution and logistics universities under the defendant's control were not established, and the defendant or E did not pay the above money up to now.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, the purport of the whole pleadings

2. Judgment on the main claim

A. The fact that the plaintiff, on January 31, 2007, set the due date on June 2007, lent KRW 60 million to the defendant on the basis of the judgment on the cause of the claim to the defendant on the ground of the above fact that the defendant lent the above loan amounting to KRW 60 million, barring any special circumstance, the defendant is obligated to pay the above loan amounting to KRW 60 million and delay damages to the plaintiff.

B. As to the determination of the defendant's assertion, the defendant's act of borrowing the defendant's loan without the deliberation and resolution of the board of directors of the defendant or the permission of the competent authorities violates the Private School Act and thus null and void. Thus, if a school foundation intends to borrow money from others, it shall undergo a resolution of the board of directors under Article 16 of the former Private School Act (amended by Act No. 8529 of July 19, 2007) and the Presidential Decree of Article 28 of the same Act and the Enforcement Decree of the former Private School Act.