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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
Reasons
1. Facts of recognition;
A. From May 25, 2013 to June 25, 2015, the Defendant organized and operated an organization that received KRW 200,000 won per month, and KRW 250,000 per month after the receipt of the fraternity (However, the payment is not made in the month in which the fraternity is received) from around May 25, 2013 to June 25, 2015 by adding interest to the principal amount of KRW 5,000,000 per set order.
(hereinafter referred to as the “instant guidance”). B.
The Plaintiff subscribed to the fraternity (Nos. 6, 16, and 16, in the name of AC) that received the fraternity money of the previous accounts Nos. 6, 16, and 26.
C. Since then, Nonparty D, who is not the Plaintiff, received the fraternity No. 6, and the Plaintiff received the fraternity No. 10,500,000 won from the first 5,40,000 won from the second 5,40,000 won after deducting the KRW 4,00,000 from the monthly fraternity No. 10 on February 25, 2014.
D. D.
From May 25, 2013 to July 25, 2014, the Plaintiff received 10,000 won (=5,000 won x 9 months) No. 5,40,000 won for the month from May 25, 2013 to July 25, 2014 (=650,00 won x 5,000 won for the month from May 2013 to May 2014) (i.e., 60,00 won x 5,000 won) for the month from May 25, 2014 to July 25, 2014). The Plaintiff voluntarily deposited all the monthly fraternity, and withdrawn from the said fraternity on August 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the above facts finding as to the cause of claim, barring special circumstances, the Defendant, as to the existence or scope of the Defendant’s obligation to perform the obligation from December 19, 2017 to December 201, 200, deducting KRW 6,450,00,00 from the limit that the Plaintiff received from the Plaintiff (i.e., KRW 8., KRW 8.655 million - KRW 6,550,00) and KRW 7,50,000,00,000 cited in the judgment of the first instance.