1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Facts of recognition;

A. A. On January 10, 2012, C organized and operated a 26-on account of the period from January 10, 2012 to February 10, 2014, 2014, 100,000 won per previous account, and 10,000 won per month of the payment date (hereinafter “instant account”). The instant accounts pay KRW 1 million per month until the date of the payment of the accounts, and did not pay the accounts until the date of the payment of the accounts. From the next month, the amount of the accounts is paid by 25,000 won per month in addition to the additional amount of KRW 200,000 per month until the expiration of the payment period.

B. The Defendant joined the five unit of the instant fraternity, and met at the time of May 10, 2012, 200,000 won, and the Plaintiff joined the instant fraternity and paid the fraternity to the Plaintiff at 11 times. However, around November 2012, the Plaintiff did not have the fraternity to the wind of the instant fraternity.

C. On December 13, 2013, upon the Plaintiff’s request, C transferred 4.8 million won to the Defendant, which was the Plaintiff’s leading owner, the claim for the deposit amount of KRW 4.8 million, which he/she had against the Defendant, as the leading owner. On December 19, 2013, C notified the Defendant of the transfer of the said claim.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3, testimony of witness C of the first instance trial, purport of whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff the unpaid amount of KRW 4.8 million and damages for delay calculated at each rate of 20% per annum as stipulated in the Civil Act, from January 28, 2014, which is the day after the date of payment, a copy of the complaint of this case was served on the defendant as requested by the plaintiff, until April 7, 2015, which is deemed reasonable to dispute the existence and scope of the defendant's obligation to pay from January 28, 2014 to the day after the date of full payment, and from the following day to the day of full payment.

B. Judgment on the defendant's assertion (1)