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1. The Defendant’s KRW 55,350,000 as well as its 5% per annum from April 20, 2017 to March 27, 2020 as to the Plaintiff.
Reasons
1. Basic facts
A. On October 2015, the Plaintiff subscribed to the sequence 19 operated by the Defendant (the first installment payment of KRW 4,000,000 prior to the receipt of the advance payment, KRW 5,00,000, KRW 26,000, and KRW 26,00 after the receipt of the advance payment; hereinafter “instant fraternity”).
B. The Plaintiff paid KRW 4,00,000 each month between October 23, 2015 and March 16, 2017 to the Defendant, and paid KRW 5,000,00 each month between May 16, 2017 to November 16, 2017.
(c)
On April 19, 2017, the Plaintiff received KRW 55,350,00 from the Defendant out of KRW 110,700,000.
【Unfounded Grounds for Recognition】 Facts without dispute; Gap evidence Nos. 1, 2, and 5 (including branch numbers, if any; hereinafter the same shall apply); the result of this court’s order to provide financial transaction information to Eul Co., Ltd. (the response of August 10, 2020); the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 5,350,000 won remaining after subtracting the amount of KRW 55,350,000 paid to the plaintiff from the amount of KRW 110,70,000 in the fraternity of this case, barring any special circumstances.
B. Judgment 1 on the defendant's assertion, etc. 1) The defendant 1's spouse D was previously borrowed from the defendant under the plaintiff's joint and several sureties around 2009.
240,000,000 won was written and paid in the form of a deposit. However, the Plaintiff agreed that the Defendant and the remaining amount were appropriated for the repayment of obligations under the said payment note.
(2) Preliminaryly, the Defendant shall set off the claim against the Plaintiff under the above payment note against the Defendant on an automatic claim against the Plaintiff and set off against the Defendant the remainder of the payment claim against the Plaintiff on an equal amount.
B) The plaintiff or D shall be the defendant's obligation under the above payment note, and the plaintiff or D shall be May 18, 2009.