beta
(영문) 의정부지방법원 2018.05.17 2017나5823

계금

Text

1. Of the judgment of the first instance, the Defendant’s KRW 2,500,684 as well as the Plaintiff’s 5% per annum from September 5, 2017 to May 17, 2018.

Reasons

1. Facts of recognition;

A. The Defendant was a member of the following fraternity operated by the Plaintiff (hereinafter “instant fraternity”).

From June 20, 2016 to February 20, 2018: A fraternity that receives KRW 1,200,000 from June 20, 2016 to February 20, 2018: A fraternity that received KRW 1,200,000 from the payment of the fraternity shall not be paid for the said month: A KRW 21,000,000,000,000,000 per month, including 20,000,000 per month interest, shall be paid each 20,000,000 won; thus, the standard amount for the fraternity shall be 20,000,000 won.

(100,000 wonx 20 times) interest rate of 20,000 won per month shall be added.

The guidance shall receive the guidance on the first month ( June 2016) and shall not pay interest even after the receipt.

Therefore, a member of the fraternity who receives a fraternity in July 2016 receives KRW 20 million, and a member of the fraternity who receives KRW 20 million in August 2016 receives KRW 20 million, and a member of the fraternity who receives KRW 20 million in October 2016 receives KRW 20.6 million, which is added to KRW 20,000,000,000.

B. The Defendant paid KRW 2,5,18,20,000 for the first time around June 2016, KRW 4,000 for the second time around July 2016, KRW 5,000 for the second time, KRW 3,20,000 for the third time around August 8 of the same year, KRW 5,200 for the fourth time around September 9 of the same year, and KRW 2,3.6 million for the fifth time around October 10 of the same year, and KRW 2,3.6 million for the second time from the Plaintiff as the second time.

C. After that, the Defendant was paid KRW 20,60,000 as a fraternity No. 5 around October 20, 2016, but around that time, the instant fraternity was sold.

(In practice, 16.2 million won shall be paid, but this shall be the amount calculated by deducting 200,000 won for food and 4.2 million won for the payment in October).

On September 4, 2017, the Defendant paid KRW 15 million to the Plaintiff on the pretext of the settlement of accounts of the instant accounts.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3 (including provisional number) and the purport of the whole pleadings

2. Determination: