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1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. Basic facts
A. From October 13, 2008, the Plaintiff organized the 16 designated number successful bidder system, which is paid from KRW 2,500,000 to KRW 4,500,00 for each week’s fraternity (hereinafter “the instant system”) and the Defendant subscribed to the said system.
B. From March 26, 2009, the Plaintiff organized the number of 13 numbers of the old accounts that are paid to each state fraternity by the sequence of KRW 5,000,000 (hereinafter “instant No. 2”), and the Defendant subscribed to the said fraternity.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff asserted that the Defendant did not pay KRW 574,00 in total amount of KRW 574,00 in total amount of KRW 1,174,00 in total amount of KRW 16 installments (i.e., KRW 300,000 x 2 accounts) after the Defendant received KRW 5,00,000 in total amount of KRW 1,174,000 in total from April 16, 2009 to 13 times pursuant to the 2 of this case, and that the Defendant did not pay KRW 5,50,000 in total amount of KRW 4,50,000 in total amount of KRW 5,00 in total amount of KRW 5,50,000 in total amount of KRW 5,00 in total amount of KRW 50,000 in total amount of KRW 500,000 in total amount of KRW 400,500 in this case).
B. The facts that there were unpaid accounts, which were organized and operated in 10 years before all, are presented by the Plaintiff. The account books (Evidence Nos. 1 and 2) prepared by the Plaintiff as evidence, Meet Nos. 4 and 7, and the transaction details (Evidence Nos. 7, B No. 1 through 4), and promissory notes (Evidence No. 3) are submitted.
However, the accounting books prepared by the plaintiff, the details of entry and withdrawal between the main defendant and the main defendant do not coincide with each other, and the amount and the original defendant alleged to have been paid by the plaintiff to the defendant.