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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.
Reasons
1. Facts of recognition;
A. On August 15, 201, the Defendant organized the number system (hereinafter “instant number system”) of KRW 500,000 per unit, KRW 500,000 to KRW 600 per unit (600,000 from the following month of receipt of the fraternity money), KRW 20 of the total number of payments (no obligation to pay is available for the month of receipt of the fraternity money), KRW 10,000,000, and KRW 100,000,000 from Nos. 3 through 21.
B. The Plaintiff joined two units in the instant number system. The sequences Nos. 17 and 21, and the amount of the fraternity Nos. 17 and 21 is KRW 11.5 million, and the amount of the fraternity Nos. 21 and KRW 11.9 million.
C. From August 15, 201 to November 15, 2012, the Plaintiff received KRW 16 million in total, each amount of KRW 500,000,000 ( KRW 500,000,000,000 each for the 17th unit from the first to the 16th unit: KRW 16th unit: KRW 8,000,000 per month: KRW 50,000 per month from the first to the 16th unit), and received KRW 7,40,000 per month from the 17th unit from the 17th unit and KRW 897,00,00,00,000, respectively.
【Evidence-Based Evidence A】 Evidence 1 to 5, Evidence 1, Evidence 2-1 to 2-2, Evidence 9-2, witness C’s partial testimony, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the Plaintiff is entitled to KRW 23,30,000 (in the case of No. 17, 11,500, 180,000 won) in total from the Defendant in the event that the Plaintiff pays all payments for the two preceding accounts. In the case of the old accounts No. 17, a sum of KRW 8 million was paid from the first to the 16th, and a sum of KRW 2,40,000 (60,000 x 4) was paid from the 18th to the second 21th 20,000. In the case of the old accounts No. 20, a sum of KRW 18,19,210,000 in total from the first to the 17th 17th , and a sum of KRW 15,50,000 (30,000) to the 18,19,211.
In addition, since the plaintiff received a total of 5.9 million won from the fraternity, the defendant calculated by deducting the total of 5.9 million won and the total of 3.9 million won received from the plaintiff at the KRW 23.3 million, from the plaintiff 1,36 million.