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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination as to the cause of claim
(a)In full view of the facts without dispute, Gap evidence Nos. 2, 3, 4, 5, and Eul evidence Nos. 2, 2, 3, 4, 5, and the purport of the whole pleadings, the following facts are recognized:
① The Defendant subscribed to a total of five accounts from among the serial lines that the Plaintiff is the owner of the vessel, and the written subscription agreement states that the amount of money received shall be KRW 20 million.
② From November 7, 2015 to August 7, 2016, the Defendant received a total of KRW 100 million from the Plaintiff as a mutual savings account for five books during the period from November 7, 2015.
(3) On September 7, 2016 and October 7, 2016, the Defendant prepared a letter of payment stating that the Plaintiff would pay each KRW 10 million to the Plaintiff, respectively, on August 8, 2016.
④ On September 7, 2016, the Defendant delivered KRW 10 million to the Plaintiff as a deposit account.
B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 10,00,000,000 for the unpaid payment and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 29, 2017 to the date of complete payment, as sought by the Plaintiff.
2. The defendant's assertion and judgment as to it
A. Defendant’s summary 1) Although the amount of money received in the number limit is KRW 20,40,000 per old account, Defendant received only KRW 20,000,000 per old account at KRW 2,5,66,8, respectively, and the Plaintiff paid KRW 1,60,000 to Defendant for the total amount of KRW 1.6 million for the old account No. 11, but actually received KRW 1,695,00,00,000 for the amount of money received by Defendant for the first time. Thus, the Plaintiff failed to pay KRW 6,150,00 to the Defendant.
B. First of all, the determination is based on whether the amount received by the number fraternity was the cause of 20,400,000 won, and as seen above, the Plaintiff and the Defendant receive the number fraternity.