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1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.
2. The costs of appeal are assessed against the Plaintiff.
Reasons
1. Basic facts
A. On April 14, 2008, the Plaintiff organized a number of 11 units of Gu, 3,000,000 won per installment, 300,000 won per installment (before the receipt of the fraternity), or 350,000 won (after the receipt of the fraternity), 10 times per share per share on the date of the payment of the fraternity (after the receipt of the fraternity), and 10 times per share on June 23, 2008, respectively (hereinafter “one number limit of this case”), and the Defendant joined one unit.
B. On April 15, 2008, the Plaintiff organized a number of 13 units of the Gu, KRW 5,000,000 each time deposit amount of KRW 420,000 (before the receipt of the deposit), or KRW 500,000 (after the receipt of the deposit), 12 times per share per share on the date of the payment of the deposit (after the receipt of the deposit amount), and 12 times per share on July 8, 2008, respectively (hereinafter “instant number 2”), and the Defendant subscribed to one unit.
C. On April 21, 2008, the Plaintiff organized up to 11 units of the Gu, 1,000,000 won per installment, 100,000 won per installment (before the receipt of the deposit), or 110,000 won (after the receipt of the deposit), 10 times per day per day per deposit (the date of the receipt of the deposit shall not be paid in advance) and 10 times per day on May 6, 2008, respectively (hereinafter “three number limit”), and the Defendant subscribed to two units.
On May 13, 2008, the Plaintiff organized a number of 11 as of May 13, 2008, 3,000,000 won per installment, 300,000,000 won per installment (before the receipt of the fraternity), or 350,000 won (after the receipt of the fraternity), 10 times per share per share on the date of the payment of the fraternity (the date of the receipt of the fraternity shall not be paid in advance), and the number of each of the above numbers as of July 21, 2008 (hereinafter referred to as “fourth number limit,” and the Defendant subscribed to one unit.
E. On May 28, 2008, the Plaintiff is not more than 27 units of the Gu, 12,000,000 won per installment, 600,000 won per installment, and one time per share per payment day, respectively, and not more than 26 times per share on November 26, 2008.