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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. Facts of recognition;
A. A. Around March 20, 2008, the Plaintiff joined the number 10 times (10,000 won per second six months, but later changed) of the Defendant’s owner, and paid a total of nine million won to the Defendant by November 2008.
B. The Plaintiff, 10,000 won each time, paid 10,000 won in total, and received 10,770,000 won from the Defendant. However, the amount that the Plaintiff is to receive from the Defendant due to the Plaintiff’s failure to pay once, is KRW 9,70,000.
C. The Defendant remitted the Plaintiff’s account KRW 5 million on May 26, 2008 (hereinafter “the instant money”) and KRW 4.7 million on December 22, 2008, respectively.
[Reasons for Recognition] Evidence A, Evidence Nos. 1 and 1, and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff asserted that the plaintiff received only KRW 4.7 million from the defendant as part of the fraternity on December 22, 2008, and the amount of this case was repaid to the plaintiff to the non-party C around 2007, and around May 2008, around the time when C joined the above number fraternity, C paid the plaintiff's fraternity to the plaintiff on May 2008, 2008, which was about the time when C left its own house, and the defendant remitted the amount of this case to the plaintiff.
Therefore, the defendant is obligated to pay to the plaintiff the remaining amount of five million won and damages for delay.
B. The defendant's assertion that the defendant paid to the plaintiff a total of KRW 9.7 million with the money of this case and the above KRW 4.7 million. Thus, the plaintiff's assertion is without merit.
3. The following facts and circumstances: Gap evidence 3, 5, Eul evidence 6-2, 3-2, and 3; Eul evidence 3; Eul evidence 3; and part of the testimony of the witness witness C at the trial, which can be known by considering the whole purport of the pleadings. ① The plaintiff, on March 14, 2007, lent 4,70,000 won after deducting 3,000 won from prior interest and 3,000 won, to C’s account as of June 17, 2007; ② the plaintiff transferred 3,000 won to C around 2010.