1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. On February 4, 2009, the Plaintiff organized 13 units of the Gu, 5,000,000 won for each installment, 500,000,000 won for each time, and one time a week for the payment of the deposit amount (which shall not be paid in advance on the date of the receipt of the deposit), and each number meter as of April 29, 2009 (hereinafter referred to as the “instant limit”) respectively. The Defendant subscribed two units of this case (No. 2 and 9 units of the order).

B. The Defendant received the fraternity 2 and 9 times each from the instant fraternity.

C. The Defendant paid up to nine installments by April 1, 2009, but did not pay up to 10 instances up to 13 installments.

The details of the unpaid fraternity payments by the Defendant (hereinafter referred to as the “in this case’s unpaid fraternity payments”) and the date of the delivery are as follows:

1,000 won on April 11, 2009, 200 on the date of the payment of unpaid deposits (i.e., two accounts x 500,000 won) (i.e., two accounts x 500,000 won) (i., two accounts x 500,000 won) on April 15, 2009 (i.e., two accounts x 500,000 won) (i., two accounts x 500,000 won) on April 13, 2009 (i.e., two accounts x 50,000 won) (i., two accounts x 500,000 won) on April 29, 2009 (i.e., two accounts x 500,000 won)

2. According to the fact that the Defendant’s obligation to pay the deposit amount was acknowledged, the Defendant is liable to pay the Plaintiff the unpaid deposit amount of KRW 4,000,000 and damages for delay.

3. Judgment on the defendant's defense

A. As to the assertion that the Defendant failed to receive the fraternity, the Defendant joined 11 times the sequences of the instant fraternity, and paid the fraternity, and as such, the said unpaid fraternity cannot be paid. However, there is no evidence supporting that the Defendant joined the sequence 11 of the instant fraternity and paid the fraternity.

Therefore, the defendant's above assertion is without merit.

B. Determination as to the defense of extinctive prescription shall be made from 10th to 13ths of the instant fraternity, the due date for the repayment of the amount unpaid for 4 times in total.