A. On June 15, 2010, the Defendant organized a successful bid system of KRW 20,000,000 for the fraternity (20 units), KRW 5,000,00 for each unit, and KRW 100,000 for each unit (hereinafter “instant system”).

B. The instant fraternity was operated in the following manner:

First time: The members collect KRW 100,000,000 for each of their accounts, and then receive 100,000,000 for each of them and then receive 100,000,000 for all of them without deducting interest.

After that, the members of the fraternity who have participated in the bid and who have received the highest interest on the bid are paid the successful bid amount (referred to as - the interest on the bid), and the remaining members who have received the successful bid shall continue to receive 5,000,000 won, and those who have not yet received the successful bid shall receive the successful bid up to 21 times by paying the next advance payment [5,00,000 won - (20,00 won by the successful bidder)].

C. Plaintiff A joined one unit on June 13, 201 to September 17, 2011, and Plaintiff B joined two units, and paid a total of KRW 47,484,550, and KRW 86,602,20,00, respectively. < Amended by Presidential Decree No. 22190, Jun. 17, 2010; Presidential Decree No. 22326, Aug. 31, 2011; Presidential Decree No. 22320, Jun. 17, 2010; Presidential Decree No. 22348, Feb. 23,

However, the instant system was broken around October 201.

[Judgment of the court below] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. In a case where a transferor, who is a transferor, operates a successful bid system with his own personal business, the calculation relationship between the fraternity and each fraternity exists, and thus, the transferor cannot be exempted from the responsibility for the issuance of the successful bid price or the return of the advance payment, etc., regardless of whether the advance payment is made by other fraternity members.

Therefore, even if the fraternity of this case was broken, the defendant, the owner of the fraternity, is obligated to return the fraternity to the plaintiffs who are the reasons for the fraternity.

(b)all members in need of money in one successful bid within the scope of return shall bear part of the total amount of money to be paid by other members of the System under the pretext of interest and be awarded a successful bid for the money so deducted;