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(영문) 수원지방법원안양지원 2016.06.02 2015가단12336

계금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. On August 26, 2002, the Plaintiff organized a 50,000 won successful bid for the fake bid (hereinafter “instant successful bid”) with the share price of KRW 600,000 per month, and paid the total amount from the total members each month, and thereafter paid the total amount from the successful bidder through a bid, and operated a system by which the remaining amount after paying the total amount after being kept as the balance, while including the total amount subject to a successful bid, as the balance, the amount remaining after being paid as the balance, was kept as the balance, and the Defendant B and his son subscribed to each of the instant successful bid agreements.

B. On March 26, 2003, Defendant C issued a promissory note with Defendant B on April 4, 2003, which is the payee, to guarantee the future payment amount after receiving a successful bid price of KRW 17.9 million. The Plaintiff was issued a promissory note with respect thereto.

C. On August 26, 2003, Defendant B received a successful bid price of KRW 19,400,000,000,000, and issued to the Plaintiff a promissory note causing KRW 19,400,000 at par value on September 3, 2003, in order to guarantee the future payment.

On December 18, 2003, the successful bidder of this case was dispatched due to the Plaintiff’s reasons. The Defendants, from August 26, 2002 to November 26, 2003, paid 9.6 million won (=6 million won x 16 times) to the Plaintiff each amounting to 16 times from August 26, 2002 to November 26, 2003, and continues to operate normally in the same case as the successful bidder of this case.

E. Therefore, Defendant B is jointly and severally liable to pay the unpaid amount of KRW 13.2 million to the Plaintiff, and the Defendants are jointly and severally liable to pay the unpaid amount of KRW 13.2 million (=6 million x 38.9.6 million x 38 times-9.6 million).

2. Determination:

A. No. 2 of the judgment on the claim for the deposit of accounts against Defendant C