beta
Text
1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. On March 10, 2012 and October 25, 2012, the Plaintiff organized the number fraternity (each month for which payment is made is not made; hereinafter “10-day limit”; and hereinafter “25-day limit”) including the Defendant.
The members of the 10th and 25th and the 25th and all members introduced some of them to the Plaintiff and made them join the said fraternity. However, other members did not know about the other members and did not pay the said fraternity to the Plaintiff. The Plaintiff continued to receive the payment of the fraternity and the payment of the fraternity.
B. From November 10, 2013, 100 won was received by each fraternity member through 21 times until November 10, 2013, and the Defendant subscribed to KRW 3,230,000 for monthly payment ( KRW 64,600,000) No. 3.
C. By November 25, 2013, 25 days’ total amount of KRW 5,00,000 was paid in 14 times by each fraternity. The Defendant subscribed to KRW 1,808,000 (23,504,00 in total amount of KRW 13 times’) in total monthly payments No. 2, 3,4, and 8.
Meanwhile, according to the Defendant’s accession to the fourth unit, the Plaintiff agreed to pay an additional amount of KRW 338,00 in total, KRW 1,014,00 for each of three units (=338,000 x three units). Accordingly, the Defendant’s total amount of KRW 25 days to be received is KRW 21,014,00 (=(5,000,000 x 4 unit).
The Defendant did not pay the fraternity from January 10, 2013 to the 10-day system, and from July 25, 2013 to the 25-day system, the fraternity was unpaid or partially deposited from July 25, 2013, and the 10-day system and the 25-day system were under dispute between the Plaintiff and the fraternity around that time.
E. The Defendant lent a total of KRW 25,000,000 to the Plaintiff on September 1, 2012, and around June 2013, the principal and interest on the loan is KRW 29,80,000.
(hereinafter “the principal and interest of the instant loan”). 【No dispute exists concerning the lending of this case’s loan (based on recognition), entry of evidence No. 5-1 through 4, and the purport of the entire pleadings.
2.(a)With respect to the settlement of 10-day accounts;