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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. Facts of recognition;
A. A. Around 2009, D, the Plaintiff, along with the Defendant’s mother F, F’s husband G, etc., established and operated a cleaning security service company E (hereinafter “Nonindicted Company”), and the Nonparty Company leased and used the Plaintiff’s Gangdong-gu Seoul (hereinafter “instant commercial building”) 313 and 314.
B. 1) Around August 201, F rejected a request from D to request for the trust of a part of the right to share in the instant shopping district 313 from D to leave the election of the representative of the management body of the instant shopping district. Around August 201, F accepted D’s request on the ground that the Plaintiff, who is a partner of D, would provide KRW 50 million as a security for the title trust. (2) Accordingly, the Plaintiff remitted KRW 50 million to the Defendant on August 26, 2011, and the Plaintiff and the Defendant drafted a cash custody certificate (Evidence 2) as follows on August 26, 2011:
(hereinafter) The foregoing document is “the cash custody certificate of this case,” and the Plaintiff and the Defendant’s agreement, the content thereof, are “the instant agreement.” The Plaintiff deposits KRW 50 million to the Defendant, the owner of which, as a collateral for the temporary transfer of the shares in the instant commercial building No. 313 (part) to Nonparty Company D.
In the future, after the temporary transfer of ownership is terminated, that is, after the name is returned to the original state, the deposit is immediately returned to the plaintiff.
A cash custodian: The defendant, cash provider: the plaintiff 3 on the other hand, and D around that time, shall register the building as a joint owner for September through May 201, 201 and use it as a transfer to the former owner's defendant until May 30, 2012.
(b) the expenses incurred at this time, and the expenses incurred at issue, Nos. 313 and 314 of the building at issue, and the interest on bank loans (as approximately KRW 800,000) will be paid up to the date before the office is transferred (as soon as November 30, 201).
Management expenses (No. 313 and 314): 50,000 won, interest on loans ( September and November): 80,000 won (payment terms by September 1 and November 30):