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(영문) 광주지방법원순천지원 2015.07.09 2014가단22073

계금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 9, 2012, the Plaintiff organized a successful bid of KRW 70 million ( monthly payment amounting to KRW 2.5 million; hereinafter “instant contract”) that consists of 29 members, including the Plaintiff, who is the leading owner, and the Defendant is its fraternity.

B. The instant fraternity: (a) the first fraternity was paid a monthly payment of KRW 70 million by its members; (b) the fraternity was awarded the total amount of the share price without deducting interest from interest; and (c) the fraternity was awarded the highest interest by its members participating in the bidding; and (d) the fraternity was awarded the highest amount among the remaining fraternity members, and (e) the KRW 2.5 million of the monthly payment for which the contract was already awarded, and the fraternity was not awarded the contract amount for which the previous contract was made, and the amount of the monthly payment for which the previous contract was made, shall be the KRW 2.5 million of the monthly payment for which the previous contract was made; and (e) the fraternity’s share and the previous contract amount for which each time was not paid [the interest for which the successful bidder was awarded ± the total number of fraternitys, not the total number of fraternitys, shall be the KRW 2.5 million.

ii)be paid up to 29 times by means of payment.

C. The Defendant was awarded a successful bid of KRW 47 million (i.e., KRW 70 million - KRW 23 million) with interest rate of KRW 23 million on March 9, 2014 and 16 Nos. 16.

The plaintiff shall transfer the 40 million won out of the award amount to the defendant, and the 5 million won shall be substituted for the monthly payment as of April 9, 2014 and the monthly payment as of May 9, 2014, and the 19.4 million won shall be deemed as the plaintiff's share, and the 1.9 million won shall be deemed as the plaintiff's share, another 70 million won as the plaintiff's share, and the 28-day share bid for the other 70 million won as the defendant's share.

(i) paid 4,6940,000 won in total by a method substituted for the payment of monthly installments. [The facts that there is no dispute over the basis of recognition, the purport of the entire pleadings, as a whole.]

2. Determination:

A. According to the above facts, the Defendant was obligated to pay 2,750,000 won to the Plaintiff once every month from June 9, 2014 to April 9, 2015, but failed to pay 2,50,000 won each month, barring any special circumstance, and thus, barring any special circumstance, the Defendant’s claim against the Plaintiff for the payment of 2,750,000 won (= KRW 2,50,000 won per month) and the said amount.