beta
Text
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Defendant participated in the number system of KRW 21 per unit and KRW 10 million (50,000 per unit and per unit) (hereinafter “instant system”) in which Nonparty C was a leading owner from October 23, 2014 to June 23, 2016.
The content of the instant fraternity shall be provided by 21 persons a monthly amount of KRW 500,000,000 per month, and the amount of the time limit shall be paid by KRW 600,000 per month after the time limit. The time limit of KRW 1,00,000 per month shall be paid by adding KRW 1,00,000 to the time limit of KRW 1,000,000 from the time limit of KRW 3 times to the time limit of KRW 1,00,000. The time limit of KRW 1,90,000 was paid on June 23, 2016.
B. While the Defendant continued to pay the instant fraternity, the Defendant wanted to receive the payment of the time limit on September 2015, 2015, and the Plaintiff was designated as a recipient of the time limit, but the extension was difficult. The Plaintiff paid the Defendant KRW 10 million equivalent to the time limit that the Defendant may withdraw from C as of September 23, 2015, and the Defendant agreed to receive the Plaintiff’s right to waive the time limit limit from the instant fraternity.
Accordingly, on October 7, 2015, the Plaintiff: (a) paid KRW 11 million to the Defendant; and (b) the Defendant made a letter to the Plaintiff stating that “(0 million won) B will take over (0 million won) A, on October 7, 2015, as of October 7, 2015, the (0 million won) B would take over the Defendant’s right to receive the Defendant’s extension payment.”
C. After that, the Defendant, upon receiving the time limit, paid the original time limit of KRW 600,000,000,000 per month to the Plaintiff, but the Defendant paid the time limit on behalf of the Plaintiff and actually, within the instant limit, the time limit from October 23, 2015 to January 23, 2016, and paid KRW 50,00 per month to the Plaintiff.
However, C, by January 23, 2016, paid the time limit for the instant extension to the instant extension personnel, was destroyed by an insolvent financial institution around February 2016, and thereafter, paid the time limit.