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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On May 20, 200, the Plaintiff organized and operated the winning bid system (hereinafter “the winning bid system of this case”) as of June 13, 2001, which was determined on May 20, 200 as KRW 10,080,00 for each unit, KRW 12 for each unit, KRW 28,000 for each unit, and KRW 28,000 for each unit, and June 13, 2001. The Defendant purchased one unit in the winning bid of this case, and received the advance on November 15, 200, but did not pay the advance after March 15, 201.
B. On September 4, 200, the Plaintiff organized and operated a successful bidder bid system (hereinafter “the second successful bidder system of this case”) with the limit of KRW 10,080,000 per unit, KRW 12 per unit, KRW 28,000 per unit, and KRW 28,00 per unit, and the last day of September 28, 2001. The Defendant joined one unit in the second successful bidder system of this case and received the limit on January 31, 2001, but did not pay the deposit amount after March 2, 2001.
C. The Defendant paid KRW 2,00,000,000 to the Plaintiff on April 4, 2008 as the repayment of the deposit amount of the instant 1 and 2nd successful bidder, and KRW 2,00,000,000, in total, on August 18, 2008.
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
2. Determination as to the Plaintiff’s claim for the deposit money
A. According to the determination as to the cause of the claim, barring any special circumstance, the Defendant is liable to the Plaintiff for the payment of the unpaid total amount of KRW 2,520,00 for the first successful bidder x 90 days from March 16, 2001 to June 13, 2001, which is the date following the last payment date of the deposit x 28,000 won for the deposit x 5,880,000 won for the unpaid total amount of the second successful bidder x 210 days from March 3, 201 to September 28, 2001, which is the date following the last payment date of the deposit x 28,400,000 won for the deposit amount of KRW 20,520,500,000 for the deposit amount of KRW 8,50,500,000 for the remainder - 08,500,608,200.
B. The defendant is the person who was paid the plaintiff with the judgment on the first repayment defense.