계금
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
1. The Plaintiff’s assertion is the Plaintiff’s mother’s friendship C.
The plaintiff was introduced by C to form and operate a 10 fraternity with the 10 members including the defendant, and the defendant did not pay 8,600,000 won for the deposit, even though the defendant joined the 3 unit and 6 unit and 8 unit (20,000 won for the old unit) of the 3 unit and received the entire amount of the fraternity.
In addition, the Plaintiff joined the 21 number fraternity (5,000,000 won per single unit) organized by the Defendant, and the Defendant did not pay KRW 5,200,000,000, which the Plaintiff decided to receive six.
Therefore, the defendant is obligated to pay to the plaintiff the amount claimed by adding the amount of KRW 8,600,000 to the amount of KRW 5,200,000.
2. In light of the following circumstances, the evidence alone presented by the Plaintiff is insufficient to recognize that the Plaintiff was the owner of the number fraternity in which the Defendant was admitted and the source of the fraternity organized by the Defendant, and that the Plaintiff was entitled to claim the payment of the fraternity or the fraternity.
In other words, the Plaintiff’s mother, C and the Defendant are in a friendly relationship with C as recognized by the Plaintiff, and that the members of the above number fraternity, which the Plaintiff organized, are in a friendly relationship with C, are as follows. According to each of the statements in Gap’s Nos. 1, 2, 3, and 6 (including numbers), and Eul’s Nos. 1 through 4, the Defendant urged the Defendant to pay the deposit or the deposit amount is C, and in addition to each number fraternity at issue in this case, C joined the Plaintiff’s account in a monetary transaction, such as the payment of the deposit amount, and used the Plaintiff’s account. C used a promissory note prepared by D with D as to the deposit amount, and there was a dispute with D, and the Defendant asserted the set-off after acquiring the above claim against D, and refused to pay the deposit and the deposit amount of each of the instant numbers.