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(영문) 서울북부지방법원 2018.07.06 2015가단44424

계금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

(a) The Plaintiff was solicited by the Defendant to join the 157,30,000 won (=20,000 won (80,000 won each month from January 23, 2013 to January 23, 2015) in the aggregate from January 23, 2013 to September 15, 2015) [20,00 won (80,000 won each month from January 23, 2013 to January 23, 2015) in the amount of 20,00,00 won (0,000 won each month from March 8, 2013 to 0,000,000 won each month from 0,50,000 won until 10,50,000 won each month from March 8, 2015 (0,000,000 won each month from March 8, 2013 to 10,505).

B. Even if the plaintiff did not join the above fraternity, the defendant borrowed the amount equivalent to the above fraternity from the plaintiff, but did not pay the above amount.

C. The Plaintiff seeks payment of KRW 150,000,000, which is a part of the aforementioned fraternity or loan money, to the Defendant.

2. Determination

A. According to the result of the judgment on the claim for the return of fraternity Gap evidence Nos. 1, 3, and Eul evidence Nos. 1, and Eul evidence Nos. 1, and this court's enterprise bank, and D Bank's order to submit financial transaction information to the defendant, it may be acknowledged that the date and amount of the money transferred by the plaintiff to the defendant were transferred to the plaintiff as the total amount and date of the fraternity, as alleged by the plaintiff, and the defendant sent a text message to the plaintiff on September 9, 2015, "the time limit payment should be given and the telephone delivery should be given." However, under the circumstances acknowledged by the purport of each statement and pleading of evidence Nos. 2, 3, and 6, that is, the defendant received the money from C and issued the receipt, and the plaintiff appears to have been aware that the defendant was the fraternity, and the plaintiff paid the money to the plaintiff from May 12, 2014 to September 12, 2015, the limit of KRW 40,000.