1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. The following facts may be found either as a dispute between the parties, or as a whole as to the entries in Gap evidence 1 to 5, and Eul evidence 2.

The Plaintiff joined the order of deposit and paid KRW 88 million in total to B, who is the owner of the order from June 7, 2012 to April 6, 2015.

B. The Plaintiff’s Republic of Korea: (a) purchased the 17th limit amounting to KRW 94.2 million from the Plaintiff’s Republic of Korea; (b) but thereafter, (c) did not pay KRW 27.6 million in total to B from May 4, 2015 to April 4, 2016.

C. The said system is opened on the fourth day of each month, and the said system is in the form of setting the sequences among the members, paying KRW 2 million per month to the deposit amount per unit, and receiving the deposit amount collected so far, and paying interest on a certain amount along with the deposit amount after receiving the deposit amount. D.

The defendant is between B and B.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was as follows: (a) the Plaintiff joined 47,48 times as a last 47, and was organized by the Defendant and B as joint owners; and (b) the Plaintiff paid KRW 88,88 million in total to the Defendant and B, a joint owner, from June 7, 2012 to April 6, 2015; (c) however, (d) the Plaintiff was suspended from paying KRW 260,000 to the Plaintiff on May 2015 due to the Plaintiff’s failure to pay KRW 200,000 to the Plaintiff.

The plaintiff became an official title and demanded the return of the fraternity paid by the plaintiff to the defendant and B, but the defendant and B refuse it.

On the other hand, even though the Plaintiff’s Republic of Korea (D) joined the said friendly system and received KRW 94,200,000,000 from May 4, 2015 to April 4, 2016, the Plaintiff did not pay KRW 27.6 million in total.

Therefore, the defendant shall jointly and severally pay to the plaintiff 60 million won and damages for delay, deducting the amount of KRW 27.6 million from the total amount of KRW 88.8 million, which D did not pay to the plaintiff.