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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. Basic facts
A. The Defendant joined the successful bid system operated by the Plaintiff as a leading owner and received the fraternity.
① A successful bid for a fake bid in the amount of KRW 30 million on February 29, 2012: To receive KRW 12.9 million on April 30, 2012; ② to receive KRW 30 million on April 10, 2013: to receive KRW 14.35 million on June 12, 2013; ③ to receive KRW 42 million on December 21, 2013: to receive KRW 19.3 million on January 24, 2014.
B. The Defendant issued and delivered a cash custody certificate to the Plaintiff, stating that “The Defendant, the borrower, shall pay the time limit money for 30 months,” at the time of receiving the said time limit money.
C. From August 2014 to May 2015, the Defendant was unable to pay the deposit amount of each of the above accounts, and the total amount of the deposit amount that the Defendant did not pay by May 2015 is KRW 900,000 (1) and KRW 8,808,000 (2) and KRW 8,225,000 (3).
[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 5 through 8 (including those with serial numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to pay 17,909,000 won and damages for delay calculated at the rate of 20% per annum as stipulated in the main sentence of Article 3(1) of the former Act on Special Cases concerning Expedition, etc. of Legal Proceedings from August 20, 2015 to September 30, 2015, which is the day following the delivery date of the complaint in this case, within the scope of the total amount of unpaid amounts from May 2015 to the date of full payment, as the Plaintiff seeks.
B. Although the defendant asserts that there is no document to join the above successful bidder or receive the fraternity, according to the records such as a cash custody certificate (where the defendant acknowledges that the seal or the pen is his own, and the authenticity is recognized) and a book that the defendant prepared to the plaintiff while receiving the fraternity, the defendant received the fraternity by joining the above successful bidder.