1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Basic facts

A. On January 13, 2012, the Plaintiff organized a successful bid (hereinafter referred to as “instant contract”) that is operated in the form of KRW 21,00,000,000 per month, and KRW 50,000 per month, and KRW 2,50,000 per month, in which the fraternity members participating in the tender and engaged in the highest interest.

B. On May 13, 2012, the Plaintiff paid a successful bid amount of KRW 26.3 million ( KRW 50 million - interest rate of KRW 23.7 million - interest rate of KRW 23.7 million) to the Defendant (hereinafter “instant agreement”), and the Defendant prepared a cash storage certificate of the same content as “an amount of KRW 2.5 million per 16 times per month” (hereinafter “instant agreement”) to the Plaintiff.

C. Accordingly, the Defendant paid KRW 2 million to the Plaintiff on May 29, 2012, and the same year.

6.15.15.1520,00 won, and the same year.

7. 16.25 million won, 2.5 million won on February 13, 2013, and the same year;

3.4. 1 million won, and the same year.

3. 14.2 million won, and the same year.

4. 17.2.5 million won, and the same year.

6.3.2 million won was paid in total,1,020,000 won, including, in cash, the transfer of 5 million won (an amount received through a third party called C).

[Ground of recognition] Unsatisfy, Gap evidence 1 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the judgment on the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 1898,000 ( KRW 40 million - 21,020,000) and damages for delay.

B. As to the Defendant’s argument, the Defendant did not have any obligation to pay the deposit money pursuant to the instant agreement, since the instant fraternity was sold halfway.

However, the successful bidder is operating a system with his own personal business, and the calculation relationship between the fraternity and the deposit amount exists separately between the fraternity and each fraternity, so the successful bidder has been sold.

Even the fraternity who has already received the fraternity shall be the member.