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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. On April 15, 2014, the Plaintiff subscribed to four accounts (No. 23,24,25, and 26) by having the Defendant deposit KRW 1 million per account in the sequence operated by the Defendant as a transferor (hereinafter “the title system of this case”).
(1) The term “the instant system” means: (a) the term “the term “the term “the term “the term” in this case” in which the Defendant received monthly payments from the members of the fraternity is paid in sequence to the members of the fraternity; and (b) the term “the term” in this case does not include one million won in the month the Defendant received monthly payments; and (c) the term “the term” in this case was 1,250,000 won, adding interest to the term “the term” in this case from the following month; and (d) the term in this case was 30,000 won in February 2016 (No. 23), 27,50,000 won in March 2016 (No. 24), 2,705,000 won in April 2, 2016 (No. 250,000 won in order), and 2,7050,000 won in May 2, 2016 (No. 1.51.
(3) From April 15, 2014 to January 16, 2016, the Plaintiff paid to the Defendant the entire amount of the deposit in accordance with the instant order. The Defendant paid to the Plaintiff KRW 30 million as of February 25, 2016, but only KRW 74,284,454 (as to KRW 8,150,00,000,000,000) as of KRW 24,25, and 26, the Plaintiff paid to the Plaintiff. However, the Plaintiff paid KRW 6,865,546 on May 20, 2016, after deducting KRW 74,284, and 454 (as to KRW 2,00,00,000,000,000) under various circumstances.
(4) The above facts are not disputed between the parties, or can be acknowledged by the respective entries in Eul evidence 1, Eul evidence 5-6, Eul evidence 6-3, 4, and Eul evidence 7 and the purport of the whole pleadings, and there is no evidence that obstructs this.
2. Judgment on the plaintiff's claim
A. Comprehensively taking account of the above facts acknowledged as to the legitimacy of the Plaintiff’s claim, the Defendant, barring special circumstances, was a person who received reimbursement from the Plaintiff at KRW 81 million out of the total amount of KRW 8,150,000,000,000, pursuant to the Nos. 24,25, and 26 pursuant to the No. 515,865.