계금 반환
1. Of the judgment of the court of first instance, the part of the judgment against the plaintiff corresponding to the next order of payment is revoked.
The defendant.
1. The following facts do not conflict between the Parties:
From August 20, 201 to August 20, 2014, the Defendant received a fraternity of KRW 3,90,000 per month and KRW 3,90,000 per month from the following month to the month in which 37 (2), from August 20, 2011, to August 20, 201, the Defendant received a fraternity of KRW 3,000 per month, and organized a system in which interest is paid at KRW 18,000 per the prescribed sequence, and the Plaintiff subscribed to the said system on the condition that the Plaintiff received a fraternity of KRW 19,000 on February 20, 2013.
3) By July 20, 2014, the Plaintiff paid a total of KRW 120,300,000 to the Defendant as a deposit amount. (b) The Defendant, from November 10, 2012 to October 10, 2015, paid KRW 2,70,000 per month for the period between KRW 36,000 to KRW 35,000 per month for the period from November 10, 2012 to October 10, 2015, and paid KRW 2,70,000 per month, including the interest, from the following month for the period from the receipt of the deposit. Under the prescribed sequence, the Plaintiff joined the said order on the condition that the Plaintiff received the deposit amount at KRW 15,00,000,000, including the interest.
2) On January 10, 2014, the Plaintiff received KRW 78,40,000 as a deposit. 3) The Plaintiff paid a total of KRW 44,20,000 to the Defendant by July 10, 2014.
C. The Defendant: (a) from March 25, 2013 to March 25, 2016, the period between March 2016 and March 25, 2016, paid KRW 3,00,000 per month, and KRW 3,90,00 per month from the following month to the month when 36 persons receive the fraternity; (b) organized a system that receives interest of KRW 18,000,000 per prescribed sequence; and (c) the Plaintiff joined the said system two units until July 28, 2014, paid KRW 12,000,000 per month.
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2. Assertion and determination
A. The Plaintiff’s assertion was published around May 2014 by the first, second, and third parties, and the Plaintiff paid the fraternity by July 28, 2014. The Defendant paid the said fraternity to the Plaintiff up to July 28, 2014 (i.e., KRW 12 million (=3 million x 17 x 2).