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1. The judgment of the first instance court, including the claim extended by the Plaintiff’s incidental appeal, shall be modified as follows.
Reasons
1. Basic facts
A. From March 25, 2015 to November 25, 2016, the Defendant is an owner of the electric system operated by the electric system operated for 21 months, consisting of 21 members from March 25, 2015 to November 25, 2016 (hereinafter “first system”). The Plaintiff is a member of the electric system established at No. 1, 2, 10, 18, and 21. The first system was operated by the method of paying KRW 1,200,00 per month prior to the receipt of the fraternity, KRW 1,50,000 per month after the receipt of the fraternity, and KRW 1,260,000 per month, and KRW 2,380,000 per annum, KRW 2,202,260,000 per annum, and KRW 2,50,000 per annum, which the Plaintiff is obliged to pay to the Defendant as a member of the first system.
3) On April 25, 2015, the Plaintiff received KRW 20 million from the Defendant, and KRW 23.2 million from the old account No. 18 on August 25, 2016, respectively, and decided to substitute for repayment of the Plaintiff’s obligations to the Defendant instead of receiving KRW 21.6 million from the old account No. 10 on December 25, 2015. (4) The Plaintiff did not receive KRW 23.8 million from the old account No. 21.
B. From April 15, 2016 to December 15, 2017, the Defendant operated an electric system operated by the same method as the first system (hereinafter referred to as “second system”) for a period of 21 months. 2) The Plaintiff joined the old zone No. 2 and paid a total of KRW 4 million over four occasions as follows. The first and the second accounts were paid from the account in the name of C on April 22, 2016, and the third accounts were paid on May 17, 2016, and the third accounts were paid from the Plaintiff’s account on June 17, 2016, and the fourth accounts were deducted from the amount that the Plaintiff would receive on August 15, 2016.
The Plaintiff transferred the old accounts No. 5 to Nonparty D and E around August 2016.
D From August 2016 to February 15, 2017, the defendant 1/2.