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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. Facts of recognition;
A. On January 5, 2017, the Plaintiff organized a number system (hereinafter “instant system”) by setting ten times each month the deposit amount of KRW 500,000,000,000 per month, five million, and the number of old accounts as ten.
B. By April 2017, the Defendant paid a total of 4 million won of the previous accounts No. 350,000 (=500,000 won x 2 x 4 ) up to April 5, 2017, and received KRW 5 million of the previous accounts No. 3.
C. The instant system was interrupted five times, and its operation was suspended.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Defendant is obligated to pay the Plaintiff the difference between KRW 5 million and the total amount of KRW 4 million paid by the Plaintiff with the settlement amount pursuant to the strike, and the Plaintiff’s delay damages therefrom.
The Plaintiff asserted as if the Plaintiff claimed a loan or a deposit money to the effect that “the Defendant paid the Defendant’s deposit and actually lent it to the D’s management fraternity.” However, in light of the purport of the entire pleadings, the Plaintiff claims the difference between the deposit and the deposit money, recognizing that the Plaintiff himself/herself is the principal and that the instant fraternity was sold, and that the difference between the deposit and the deposit is claimed. Accordingly, the Plaintiff’s claim for the settlement money is determined as above.
B. Defendant (1) is a member of the instant fraternity by the Defendant, who is not the Defendant, and the Defendant delivered the fraternity and the fraternity on behalf of the Defendant C’s agent, and there is no obligation between the Plaintiff and the Plaintiff.
② This is because the Plaintiff, the main owner of the instant fraternity, was unable to manage the fraternity, and the Plaintiff failed to properly perform its duty to pay the fraternity instead of paying the fraternity to the Plaintiff.
As a result, since the fraternity of this case was transferred to the plaintiff's office, the plaintiff cannot claim money from the defendant.
3. Legal nature and settlement relationship of the instant accounts