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1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) against the principal lawsuit are dismissed.
2. An objection to the trial;
Reasons
Basic Facts
The Plaintiff became aware of the Defendant through her mother C.
On August 2014, the Plaintiff joined the number system organized by the Defendant (hereinafter referred to as “instant system”).
The instant fraternity was planned to operate KRW 20 million per unit from August 2014 to April 2016, and was composed of 21 units, and the Plaintiff and C joined six of these units, respectively.
The Plaintiff, together with C, paid the above six old accounts by January 2016, and suspended the payment due to the Defendant and the dispute.
Until now, the defendant has completed the payment of the fraternity for the four old accounts in which C has joined among the above six old accounts.
On the other hand, on April 17, 2014, the Defendant remitted KRW 5 million to the Plaintiff’s account under the Plaintiff’s name.
[Ground of recognition] Facts without dispute, Eul evidence Nos. 2 and 3, each of the parties' arguments in the main purport of the argument, and the plaintiff and Eul joined the 6th unit of this case together with the plaintiff in the main purport of the argument. Among this, the plaintiff and Eul were to pay the plaintiff the total amount of KRW 40 million for the two main units that the defendant did not pay. The plaintiff is to pay the plaintiff the plaintiff the unpaid amount of KRW 3-month payment (from February 2016 to April 2016). Thus, even if the plaintiff deducts the unpaid amount of KRW 27 million, the unpaid amount of KRW 3-month payment (from April 2016 to April 201), the defendant
One of the two previous shares claimed by the Defendant that the Plaintiff was not paid (hereinafter referred to as “five old shares”) had already completed the settlement of accounts around November 15, 2015, and the remaining one unit (hereinafter referred to as “six old shares”) also remains unpaid when the Plaintiff deducts the unpaid payment. Even if there remain some of the fraternity payments to be paid by the Defendant, there is no amount remaining after set off against the Defendant’s claim that the Defendant lent to the Plaintiff, such as the cause of the counterclaim.
Judgment
In light of the overall purport of the arguments in the statements in Gap evidence Nos. 6, Eul evidence Nos. 1, 2, and 5 as to the settlement of old accounts No. 5, the defendant is the date of the payment of old accounts No. 5.