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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. From the first instance court to April 13, 2010, the Plaintiff sought reimbursement of KRW 10,000,000 for loans and KRW 25,00,000 for loans made on June 30, 2010. The court of first instance accepted only the portion of the Plaintiff’s claim for loans made on June 30, 2010, and dismissed the Plaintiff’s claim for loans made on April 13, 2010.
However, since only the defendant appealed against the judgment of the court of first instance, the scope of the judgment of this court is limited to the loan claim of June 30, 2010.
2. Determination
A. The fact that the Defendant borrowed KRW 25,000,000 from the Plaintiff on June 30, 2010 is no dispute between the parties.
B. As to this, the Defendant, upon the occurrence of a dispute between E Co., Ltd. (hereinafter “E”) practically operated by the Plaintiff and the former council of occupants’ representatives, ordered the Defendant to publish a newspaper advertisement and prepare for principal litigation so that the Plaintiff may win the 17th council of occupants’ representatives, ordered the Defendant not to occupy the management office, and disbursed KRW 23,60,000 at the expense of the Defendant, and agreed to pay remuneration according to the previous salary level when the Plaintiff delegated the above duties to the Defendant. Thus, the Defendant shall receive KRW 8,650,776 as remuneration for the duties performed from July 23, 2010 to November 15, 2010. Accordingly, the Defendant’s automatic bond set off the amount equal to the Plaintiff’s claim against the Defendant, and thus, the Defendant cannot respond to the Plaintiff’s claim.
According to the results of inquiry into the fact-finding with respect to the president of the Ansan-si Saemaul Savings Depository, Gap evidence Nos. 5, Eul evidence Nos. 2, 3, and 5, and the fact-finding with respect to the president of the Ansan-si Saemaul Savings Depository, Eul concluded the entrustment management contract with the council of occupants' representatives for the above apartment on April 20, 2010, and the same.