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(영문) 서울중앙지방법원 2016.05.18 2015가단5064660

계금

Text

1. The defendant shall pay to the plaintiff A KRW 1,382,00,00 to the plaintiff B, KRW 1,482,00 to the plaintiff, and KRW 7,170,00 to the plaintiff C and each of the above money.

Reasons

1. On March 2010, Plaintiff A and Plaintiff B joined a fraternity with Defendant as its leader.

This fraternity, on the basis of KRW 12 million, paid in KRW 48,000 per month by the members of the fraternity, was agreed to pay in KRW 85,000 per month by adding the interest of KRW 85,00 per month until the award is made, and then to pay in KRW 335,00 per month by adding the interest of KRW 85,00 per month.

The plaintiff A and the plaintiff B joined the 2nd unit and the 3nd unit, but the remainder except the 1st unit, which is the subject matter of this case, has completed the settlement without any problem.

Plaintiff

A from March 30, 2010 to January 26, 2014, 1 to 25, 27 to 30, 33 to 43, 46, and 47, the amount of accounts of one unit, which is the subject matter of the instant lawsuit, shall be paid by account transfer, and 26, 31, and 32 shall be paid in cash.

On the other hand, on April 8, 2015, the defendant paid KRW 1 million to the plaintiff A as part of the fraternity.

Plaintiff

B, from April 7, 2010 to December 2, 2013, from April 2, 2010, the first to 14th, 16, 17, and 19 to 45, respectively, were paid in cash by account transfer. The first to 15, 18, respectively, were paid in cash.

(The Plaintiff B entered the accounting books drawn up by the Defendant as “E” or “F.” The Plaintiff C joined the two different accounts in another way in which the Defendant is a leader around February 2012.

This fraternity, based on the 10,000 won of the fraternity, paid in KRW 44,00,000 per month by the fraternity, and received the fraternity by adding the interest of KRW 70,000 per month until the winning, and thereafter, agreed to pay in KRW 320,00 per month by adding the interest of KRW 70,000 per month.

Plaintiff

C paid 1 or 29 times from February 20, 2012 to June 23, 2014. On July 29, 2014, C received KRW 10,000,000 from the Defendant as a part of the fraternity, and transferred the said amount by account transfer on August 25, 2014.

Plaintiff

C is the deposit of the second unit.