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1. Of the judgment of the first instance court, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. Facts of recognition;
A. On October 27, 2008, the Defendant received the Plaintiff’s fraternity and the Plaintiff’s fraternity. 1) On October 27, 2008, on the Plaintiff’s introduction, the Defendant: (a) KRW 12 million in the fraternity run by C as the fraternity (the receipt of KRW 12 million in the case of any other person in the last sequence of the household); (b) KRW 330,000 before the receipt of the fraternity; and (c) KRW 400,000,000 plus interest on the said fraternity after the receipt of the fraternity; (d) KRW 330,000 in the month deposit (the monthly deposit is not paid when receiving the fraternity; and (e) KRW 30,00 in the case of the receipt of the fraternity); and
(2) The Plaintiff joined the 2nd unit, and guaranteed the Defendant’s obligation to pay monthly payments to C. The Plaintiff agreed that “C and the Plaintiff shall pay monthly payments, which were collected from the members of the fraternity recruited by each party, to the members of the fraternity, respectively. 2) A and the Plaintiff agreed that “D shall invest in the company in which the Defendant invested the funds that the Defendant would receive after receiving one of the above 2nd units from the Defendant, and the Defendant shall pay the monthly payments with its investments proceeds.”
3) On November 3, 2008, the Defendant received KRW 9,570,00 (10,000 won in fraternity - KRW 330,000 in annual installments - KRW 1,000 in annual installments - KRW 1,00,00 in annual installments) from the Plaintiff, a transferor, as of November 2, 2008. On November 13, 2008, the Defendant, as of November 13, 2008, issued and delivered a promissory note 12,00,000 won in total, in which the date of payment is payable to the Plaintiff, Seoul Special Metropolitan City, and the payee as the Plaintiff, and drafted a notarial deed with the Plaintiff on November 11, 2008, in accordance with the agreement between D and C, and the Defendant received KRW 12,000 in the KRW 60,000 in annual installments.
D On November 12, 2008, the Defendant invested the said KRW 6 million in the “E”, which is a multi-level company invested by the Defendant.