손해배상 등 청구의 소
The judgment of the first instance court is modified as follows. A.
The defendant shall pay to the plaintiff KRW 69,890,748 and KRW 64,854,565 among them.
Basic Facts
The reasoning for this part of the judgment of the court of first instance is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420
2. Determination as to the assertion of profit settlement
A. The reasoning for this part of the judgment on the cause of the claim is as stated in the corresponding part of the reasoning of the judgment of the first instance except for dismissal or addition as follows. Thus, this part of the judgment is cited including the attached Form pursuant to the main sentence of Article 420 of the Civil Procedure Act.
On the fourth page of the judgment of the court of first instance, "9,679,801 won" in the amount of card payment (defendant) among the card payment (defendant) shall be "8,060,952 won".
In the fourth page of the first instance judgment, "9,679,801 won" in the amount of loan interest shall be "9,697,801 won".
In the first instance judgment of 5th 3th 5th 3th , “retirement allowance of 25 million won” is deemed as “retirement allowance of 44,824,431 won [the expected retirement allowance of 32,64,431 won = 12,180,000 won (= approximately 870,000 won x 14 months) of the amount to be borne by the business operator out of the four major insurance premiums following that of the retirement allowance of 32,64,431 won].”
Each "this Court" in 6th 4th 6th , 18th , 7th 2th , 12th , 8th 9th , 13th 2, and 15th 7th 7th , shall be considered as "court of the first instance."
The 6th 10th 10th 10th 6th 6th 10th 1st 1st 1st 1st 1st 1st 2
In the first instance judgment, 7 to 8 pages 7 are as follows.
“(4) The Plaintiff asserts that the card price of KRW 88,060,952 (No. 1-4 of this case’s table Nos. 88,060,952, the total amount of the card use price stated in the “credit card price” column in the annexed business account transaction analysis, constituted profits that form the basis for calculating the settlement amount.
Accordingly, according to the results of the order to submit financial transaction information to N Co., Ltd. by the court of first instance, it is recognized that the amount of credit card payment was deposited from the instant business account from December 3, 2012 to February 3, 2014, as stated in the “credit card payment” column, in the analysis of attached Form 2 transaction statement from the instant business account to February 3, 2014.
However, the above evidence and evidence are as follows.