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(영문) 대전지방법원 2017.06.13 2016가단203367

계불입금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 16,200,000 with full payment from July 31, 2015.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff organized and operated a 15-day fraternity comprised of 20 members from March 2013 to 20, and the Defendant is the 4th priority fraternity.

B. From March 15, 2013 to 20 members of the instant fraternity paid KRW 2,00,000 per month 20 times every 15th day of the month, and the fraternity who received the fraternity money was operated in a way that the said fraternity was paid KRW 2,40,00,000 in addition to the interest amount, from the following month, and the junior fraternity was operated in a way that the basic fraternity was paid with interest added to the basic fraternity.

C. On June 18, 2013, the Defendant received KRW 40,440,00 (on March 2013, where the Defendant did not pay, KRW 400,000,000,000 and KRW 35,770,000,000,000) from the Plaintiff as interest on the money borrowed individually by the Defendant, and the Defendant actually received from the Plaintiff, from the following month, KRW 2,40,000,000 from the following month as the deposit deposit, and the Defendant did not pay KRW 19,20,00 (2.4 million x 8 months) for the eight-month period after March 15, 2014.

The plaintiff paid the accounts not paid by the defendant on behalf of the defendant, and the accounts of this case were completed without the strike.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including a tentative number), witness C's testimony, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (the cause of the Plaintiff’s claim) is that the Defendant is liable to pay the Plaintiff KRW 19.2 million and damages for delay, since the Defendant did not pay KRW 19.2 million to the Plaintiff even after receiving all of the instant fraternitys, and the Plaintiff paid it by proxy.

B. The Defendant’s assertion (the defense against the principal claim and the counterclaim cause) that the Defendant should pay to the Plaintiff is KRW 13.8 million.

[10,000 won in the limit of KRW 19.2 million, which the Plaintiff seeks, - KRW 5.4 million paid to the Plaintiff by the Defendant (as of September 30, 2013).