beta
Text
1. Revocation of a judgment of the first instance;
2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.
3. An objection to the trial.
Reasons
1. Whether an appeal subsequent to subsequent completion is lawful, the court of first instance rendered a judgment in favor of the defendant on March 25, 2014 after serving a copy of the complaint and the notice of the date of pleading on the defendant by service by public notice; and on April 3, 2014, the original copy of the judgment also served on the defendant by public notice; and on May 16, 2014, the defendant was immediately aware of the fact that the judgment of first instance was rendered by copying and copying the records of the instant case on May 16, 2014, and the defendant was later aware of the fact that the judgment of first instance was made by copying and copying the records of the instant case on May 23, 2014, which is within two weeks thereafter, was clearly recorded in the records or recognized by the purport of the whole pleadings. Accordingly, the failure of the defendant to comply with the peremptory period of filing an appeal by public notice due to any cause not attributable to the defendant. Accordingly, the appeal by the defendant after subsequent completion of the second instance judgment is lawful
2. Judgment on the principal lawsuit
A. On July 19, 2012, the Plaintiff leased KRW 13 million to the Defendant on July 19, 2012 without setting the due date. As such, the Defendant is obligated to pay the said KRW 13 million to the Plaintiff and its delay damages.
B. On July 2012, Defendant 2012, the Defendant agreed to deduct 130,000 won from the advance payment to the entertainment drinking club “C” (hereinafter “instant main shop”) operated by the Plaintiff from the advance payment, and to exclude 10,000 won from the said mutual-aid money as “time attendance expenses” as the amount calculated by multiplying the number of working days by 10,000 won.
In addition, from July 2012 to September 2012, the Defendant entered 110 times in total for 24 days, from around 2012 to around 2012, deducted the advance payment from KRW 10,760,000 [10,00 won x 110,000 won x 24 days x 10,000 won], and transfers the remainder 2.40,00 won to D account, which is a managing director of the instant main office on September 18, 2012.