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(영문) 서울고등법원 2017.09.21 2016나2073123

계금

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From around 2006, the Plaintiff joined several times in the number system, etc. operated by the Defendant as a leader, and around 2008, the Plaintiff joined the winning bid system and the number system operated by the Defendant as a leader (hereinafter “instant winning bid system and number system”) and paid the fraternity over several occasions.

However, there is a dispute between the plaintiff and the defendant as a matter of returning the fraternity, without paying the fraternity fee properly.

B. Around April 2009, the Defendant: (a) purchased HL LL lending located in Indonesia (hereinafter “instant lending”) from G, etc., a director of the sales company (F) in Indonesia; and (b) concluded that it would purchase the instant lending in lieu of the fraternity payment.

C. I, and J, a member of the fraternity operated by the Defendant, set up a sales contract in which they visited Indonesia, around June 2009, visit Indonesia to have a right of lease for twenty (20) years and received notarial acts on the transfer of ownership.

In In In Indonesia, since the ownership of real estate by foreigners is restricted, the sale by borrowing to foreigners means a long-term lease by foreigners, except in special cases, and shall take procedures to obtain authentication on the right to use.

On June 24, 2009, the Plaintiff confirmed that the Plaintiff was paid in lieu of the foregoing fraternity in the amount of KRW 190 million and KRW 130 million in total at KRW 320 million in the amount of KRW 130,000,000,000 for KRW 1140,000,000 for KRW 1320,000,000. The Plaintiff promised to not impose any civil or criminal liability for the said amount and commitment (hereinafter referred to as “each of the instant notes”).

The defendant received the sales contract for the loan No. 114 and delivered it to the plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 12, 13, 14, Eul evidence Nos. 3, 4 and 5 (including virtual numbers; hereinafter the same shall apply), and arguments.