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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
Basic facts are the guidance that the Plaintiff organized and operated the so-called “C Number System” (hereinafter referred to as the “instant system”).
The instant guidance begins on September 25, 2012 and ends once every month until August 25, 2014. Except for the month in which the fraternity is being paid, each of the fraternitys shall pay KRW 1,000,000 per account on the 25th day of each month and receive the relevant monthly guidance in the order of order according to the pre-determined order. On the other hand, upon the receipt of the fraternitys, the fraternitys shall pay KRW 230,000,000 in total, which is 1% interest per month on the given date of each month thereafter.
The “The payment status of the C fraternity members and the C fraternity members” (Evidence 2) written by the Plaintiff includes the accounts in the name of the C fraternity members, and the Plaintiff divided KRW 22,770,000,000, which was paid from the guidance amount of KRW 23,000,000 to the account of the Defendant’s community credit cooperatives (E) in the name of the Defendant on July 26, 2013, and paid KRW 12,770,000,00 in the book-based credit union (F) in the name of the Defendant on July 29, 2013.
[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 4 and 8, the parties' assertion to the purport of the whole pleadings, and the parties' assertion on the plaintiff's assertion on this issue, the plaintiff is the defendant. The defendant is liable to pay the plaintiff 1,230,000 won per month from the next month of July 2013, although he was paid the extension money to the time limit of July 25, 2014, the plaintiff did not pay the extension money of KRW 70,000 out of the extension money of KRW 1,230,000 from January 25, 2014, and the plaintiff did not pay the extension money from that time until August 25, 2014, the plaintiff is obligated to pay the total amount of KRW 9,140,000 (=1,230,000,000 x 10,000 won and delay damages to the plaintiff.
Of the instant accounts, the account opened in the name of the Defendant D.