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1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) exceeding the amount ordered to be paid below.
Reasons
1. This part of the judgment of this court is based on the reasoning of the judgment of the court of first instance, as follows, on the ground that the reasoning of the judgment is identical to the corresponding part, except for the following:
【The part to be used for repair】 The 5th day below the 2th day shall be applied to the 5th day “A” to “Plaintiff.”
7 Beginning 7 up to 8 pages shall be cut in the following manner:
“C) The Defendant and the prosecutor appealed to the Busan High Court as Busan High Court 2019No17. On February 5, 2020, the appellate court affirmed the part concerning KRW 291,528,400 among the facts charged against the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) that the Defendant acquired KRW 597,183,289 from the Plaintiff, and reversed the judgment below and sentenced the Defendant to a penalty of KRW 10,000,000.
Accordingly, the Defendant appealed (Supreme Court Decision 2020Do2613) and the appeal was dismissed, and the above judgment became final and conclusive as it is.
[C] On July 10, 2020, the appellate court rendered a judgment revoking the first instance judgment and confirming that the said shares were owned by the Plaintiff, deeming that the Plaintiff was in trust with the Defendant, among the shares issued by J on July 10, 2020, 12,00 shares in the name of the Defendant, 12,00 shares in the name of the Defendant was in trust with the Defendant. Although the Defendant appealed (Supreme Court 2020Da253799), the appeal was dismissed, and the said judgment became final and conclusive as is, [the grounds for recognition] [No. 127,128, 1333” was added to the shares issued by J on July 10, 202.
2. The parties' assertion
A. Plaintiff 1 primaryly, the Defendant demanded that the Plaintiff lend money from time to time to time to time for lack of business expenses, such as F andN operated by himself/herself, and the Plaintiff’s total sum between February 24, 201 and July 14, 2015 and KRW 822,618,863.