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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff received KRW 10 million in advance according to the sequence in 2007. Before receiving the fraternity, the Plaintiff organized a 100,000 won per month (including the order of receipt of the fraternity) on one unit, and 110,000 won per month on one unit after receiving the fraternity. After receiving the fraternity, the Plaintiff joined the 9 unit of the said fraternity.
(2) The Defendant paid to the Plaintiff an amount of KRW 8,30,000 as indicated in the table 1 as follows, and the Plaintiff paid a total of KRW 8,30,000 to the Defendant three times from February 11, 2008 to February 13, 2008.
The temporary amount of the sequence 1,00,000 won 1,000 won on June 11, 2007 207 3,00,000 won on July 10, 2007 3,000 won unpaid on August 10, 2007 5,00,000 won on October 1, 10, 2007 6,00,000 won on October 10, 2007 7,000 won unpaid on December 9, 2007 8,00,000 won unpaid on December 10, 2007 / [the aggregate of KRW 11,00,000 won payable on March 10, 2008 / [the aggregate of KRW 4,91 million]
B. The Plaintiff received KRW 10 million in advance according to the sequence in 2008, but, prior to receiving the fraternity money, the Plaintiff organized 100,000 won per month on one unit (including the order of receipt of the fraternity money) and 110,000 won per month on one unit after receiving the fraternity money. The Defendant subscribed to the 2nd unit in the above fraternity.
(2) The Plaintiff paid the Plaintiff a monthly payment as indicated in the table 2 below. The Plaintiff paid KRW 4 million to the Defendant on June 25, 2008, and paid KRW 5 million on September 16, 2008.
Meanwhile, on the other hand, between the Plaintiff and the Defendant, a loan certificate of March 20, 2009 (hereinafter “the loan certificate of this case”) was drawn up between the Plaintiff and the Defendant, stating that the Plaintiff borrowed five million won from the Defendant and decided to repay it on September 20, 2009.
The temporary amount of the sequence 1,00,000 won on May 31, 2008, 2000 won on June 25, 2008, No. 31,110,000 won on the unpaid advance payment, July 3, 2008.