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1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.
Reasons
1. Facts of recognition;
A. D, a book-listed company, was unable to fully repay its debt due to business difficulties, and as a result, D, a book-listed company, decided to transfer the above debt to the Defendant, the president of the FFF association, so that KRW 111,952,075 of the returned book-price claim against E (hereinafter “E”) he/she owns, can be used for the repayment of debt to the book-listed business owners who have traded with himself/herself.
B. Accordingly, on May 29, 2013, the Defendant prepared a written statement stating that “I, as between D and D, swear that I will equally distribute and pay in accordance with the credit equity ratio to all (including non-members) offices designated by D (including non-members) in accepting the total amount of claims against E, and received the transfer from D of KRW 111,952,075 on May 30, 2013.
C. The Plaintiff, who operated G’s mutual bookstore and transacted with D, had a claim related to D’s book transactions of KRW 39,346,490 on the basis of the last settlement of April 8, 2013.
On May 31, 2013, the Defendant received the amount of KRW 111,952,075 from E. The Defendant distributed the amount of the Plaintiff’s credit amount of KRW 39,34,834,474, including the Plaintiff’s credit amount of KRW 39,346,490; KRW 111,950,00; KRW 48% of the amount of the credit amount of the transferred Party E; and accurately calculated the distribution rate of KRW 111,950,00/234,834,474; and on June 5, 2013, the Defendant distributed the amount of the credit amount of KRW 11,950,000,234,834,474 to each of the book holders other than the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, testimony of witness D in the trial of the party, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of 18,757,200 won (the amount of 39,346,490 won x 111,950,950,234,834,474, and the amount of 100 won as claimed by the plaintiff) calculated based on the amount of claim 39,346,490 won against D.
3. The defendant's assertion is judged as to the defendant.