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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The party's assertion
A. The Plaintiff’s assertion 1) No. 1 is the Plaintiff’s share of the KRW 20 million (16,000,000 won) organized on May 20, 2010. The Defendant is its share of the KRW 16,000 (16,000 won).
B) On August 20, 2010, the Plaintiff paid to the Defendant KRW 10 million, and KRW 10 million on September 27, 2010, and paid the entire amount of KRW 20 million. The Defendant written promissory notes (Evidence A1 and 2) respectively to the Plaintiff to the effect that the Defendant received the fraternity. Accordingly, the Defendant was obligated to pay KRW 17 million each month for the period from October 201 to August 201 at the end of the first month following the receipt of the fraternity (Article 200,000 to August 201) (i.e., KRW 170,000 per month (i., KRW 170,000 per month). Nevertheless, the Defendant was obligated to pay KRW 187 million per month to the Plaintiff.
Therefore, the Defendant sought payment of KRW 14.5 million (=18.7 million - 4.2 million), which is part of the amount payable (i.e., the amount of KRW 13.5 million).
The Plaintiff, at the fifth date for pleading in the first instance trial ( July 15, 2015), recognized “1.2 million won for the deposit that the Defendant remitted to the Plaintiff on October 22, 2010,” and accordingly, reduced the purport of the Plaintiff’s claim for payment of KRW 13.5 million after deducting the total amount of KRW 5.2 million from the total amount of the deposit amount.
Meanwhile, the Plaintiff asserted in the trial that the amount remitted by the Defendant on October 22, 2010 was not KRW 1.2 million but KRW 2 million. However, the Plaintiff did not re-exploit the purport of the claim accordingly.
2) The Plaintiff is the subject of the 10 million won number system (16. hereinafter “second limit”) organized on November 27, 201, and the Defendant is the 2nd limit (6th order).
B) On April 27, 2012, the Plaintiff paid to the Defendant a full amount of KRW 10 million (on account transfer of KRW 3 million among them), and the Defendant, in relation thereto, prepared a letter of loan (Evidence A 3) with respect to the Plaintiff. Accordingly, the Defendant totaled KRW 850,00 per month from the end date of February 10, 2013 (on May 2012) to the end date of February 2013 (on February 2013).