beta
(영문) 창원지방법원마산지원 2015.03.27 2014가합2549

계금

Text

1. Defendant C shall pay to the Plaintiff KRW 109,50,000 as well as 20% per annum from October 29, 2014 to the date of full payment.

Reasons

1. The Plaintiff asserts to the following purport as the cause of the instant claim. A.

The Plaintiff subscribed to the 2.5 unit among the serial lines organized by the Defendants on January 25, 2010, and subscribed to the 30 million unit among the serial lines organized on January 25, 2011, and paid 54 million won in the deposit amount until November 5, 201, and 50 million won in the three unit among the serial lines organized on May 5, 2011, and signed to the 3 unit among the serial lines organized on August 10, 2011, and paid 405 million won in the deposit amount until August 10, 201, and one of the serial units organized on April 5, 201, and paid 500,000 won in the deposit amount by no later than January 17, 2012.

B. However, while the Defendants paid only KRW 20 million to the Plaintiff and did not pay the remainder, the Defendants did not return the payment amount paid by the Plaintiff even though each of the above limits was out of the total payment.

C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the remaining KRW 19.5 million (i.e., KRW 129.5 million (i., KRW 129.5 million - KRW 20 million) calculated by deducting the Plaintiff’s fraternity payment amount from KRW 129.5 million (i.e., KRW 129.5 million) and the damages for delay calculated at each rate of 20% per annum as stipulated in the Civil Act from January 18, 2012 to October 28, 2014 from the date following the date when the Plaintiff paid the last fraternity payment to the Defendants, which is the day when the duplicate of the instant complaint was served on the Defendants, until October 28, 2014, and the damages for delay calculated at a rate of 19.20% per annum as stipulated in the Act on Special Cases Concerning the

2. In determining the claim against Defendant B, we examine whether Defendant B operated each community as described in paragraph (1) jointly with Defendant C.

The facts that the Defendants are married, the Plaintiff remitted part of the deposit amounts of each of the accounts listed in paragraph (1) to the account in the name of Defendant B, and the fact that Defendant B prepared the account books of the accounts operated by Defendant C around 2003 and around 2004. The fact that Defendant B entered and entered in the name of Defendant C in joint name with the Plaintiff a certificate of borrowing KRW 35 million.