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1. The judgment of the first instance, including the Plaintiff’s claim expanded and reduced in this court, shall be modified as follows:
Reasons
1. Basic facts
A. On August 28, 2013, the Plaintiff organized a total of 25 accounts (hereinafter referred to as “instant accounts”) with a content of KRW 100,000,000, and KRW 4,000 (5,000,000 per month, including interest, every month after the receipt of the fraternity) on the 28th day of each month. The Defendant joined the old accounts No. 3 and 22.
B. From October 28 to December 29, 2013, the Plaintiff paid 88,000,000 won for the old account [the amounting to KRW 13,000,000 for the old account ( KRW 4,000 for the old account No. 22/10 for October 2013, KRW 5,000,000 for the old account No. 3/3/11,00 for the old account No. 222/10 for the old account, KRW 4,000 for the old account No. 222,00,000 for the old account] to the Defendant.
C. The instant fraternity was transferred up to 4 old accounts, and was transferred. D.
The Defendant paid the limit amount from August (No. 1) to December (No. 5) of 2013 to the old accounts No. 3 and 22, including the deposit amount paid to the Plaintiff as set forth in the foregoing paragraph (b).
【Uncontentious facts, Gap’s evidence 1 (including paper numbers; hereinafter the same shall apply), Eul’s evidence 1, 4 and 7, the purport of the whole pleadings
2. Legal nature of the instant fraternity and the method of settlement after its strike;
A. The plaintiff asserts that with respect to the instant accounts, the Plaintiff shall be paid KRW 105,00,000 (=21 x 5,000,000) from the defendant as to the unpaid deposit amount of KRW 20,000 (=20,000). The plaintiff asserts that the amount of KRW 20,00,000 related to the previous accounts should be returned to the defendant (=222).
In this regard, the defendant asserts that since the fraternity of this case was sold, it is only necessary to pay the remainder after deducting the amount paid from the amount paid by the fraternity of this case received three times.
B. The relevant legal principles are different in terms of the purpose and method of organization, the method of paying the benefits, the method of paying the benefits, the method of paying the benefits before and after the benefits, and the existence of guidance.