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1. The Defendant shall pay KRW 50,610,00 to the Plaintiff the annual rate of KRW 20% from January 14, 2014 to the day of complete payment.
Reasons
1. Determination on the cause of the claim
A. In full view of the purport of each statement in Gap evidence Nos. 1 and 4 (including the provisional number), the plaintiff joined the number system operated by the defendant on December 2002 and agreed with the defendant to pay 2,660,000 won each month from that time to December 13, 200, and receive 50,610,000 won each month from the defendant. Accordingly, the plaintiff paid 2,60,000 won each month to the defendant from December 31, 2002 to December 31, 2003. Since the defendant did not pay 50,610,000 won each month, the defendant urged the defendant to pay 2,60,000 won to the defendant, and the defendant prepared and delivered a confirmation document to the effect that he will pay 50,610,000 won to the plaintiff on December 9, 204.
B. Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 50,610,000 as well as damages for delay at the rate of 20% per annum from January 14, 2014 to the date of full payment, which is the day following the delivery of a copy of the instant complaint, as the Plaintiff seeks.
2. Judgment on the defendant's assertion
A. 1) The plaintiff is not the actual fraternity of the number fraternity operated by the defendant from December 2002, but the payment amount that the defendant received by the defendant is the amount actually deposited by C. In the criminal case in which the plaintiff filed a complaint against the defendant in fraud, the plaintiff was the person concerned, and the defendant agreed with C about the payment of money. Accordingly, the defendant did not have an obligation to pay the money to the plaintiff. Therefore, even if the plaintiff was a member of the number fraternity in the operation of the defendant, the defendant did not have an obligation to pay the money to the plaintiff. Thus, even if the plaintiff was a member of the above number fraternity in the operation of the defendant, the plaintiff's credit amount against the defendant was changed into C's credit amount against the defendant, so there is no reason to pay the money to the plaintiff. 2) Even if the plaintiff had a credit amount to the defendant,