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(영문) 인천지방법원 2019.05.14 2018나3519

계금반환

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On August 26, 2007, the Defendant is the organization of the successful bidder and the deposit amount 1) The Defendant is the 40,000,000 won per month, 1,000,000 won per month, 29,000 won per payment, and 29,000 won per payment (hereinafter “instant 26 days”).

A) Around that time, C was a member of the instant 26-day fraternity, and C paid a total of KRW 7,000,000 on seven occasions from March 20, 2008. (2) On March 20, 2008, the Plaintiff succeeded to the status of the 26-day fraternity from C as a member of the instant 26-day fraternity, and on December 26, 2008, paid a total of KRW 17,00,000,000, including the said deposit amount of KRW 7,000,000.

3) In addition, the Plaintiff is deemed to be the 40,00,000 won in the limit organized by the Defendant on December 18, 2007, the monthly deposit amount of KRW 1,000,000 in the monthly deposit, and the 29-day successful bid for the payment of KRW 29 in the deposit amount (hereinafter “instant 18-day contract”).

(4) On January 18, 2009, the Plaintiff joined the instant 18-day fraternity and paid a total of KRW 13,000,000 over 13 times until December 18, 2008. The Plaintiff was paid KRW 26,80,000 to the Defendant on January 18, 209.

B. On January 23, 2009, the Plaintiff prepared a receipt stating that “the total amount of KRW 22,00,000 out of the total amount of KRW 26,800,000 with respect to the 18th day of this case shall remain.” The Plaintiff received KRW 6,500,000 from the Defendant, and the receipt stated that “the Defendant shall receive KRW 6,500,000 from the Defendant, and the Defendant shall not pay the deposit amount as of April 18, 2009.” 2) The Plaintiff stated that around that time, “the Plaintiff shall not pay the deposit amount as of December 18, 2007, KRW 26,80,000 with respect to the 18th day of this case, KRW 26,80,000, KRW 26,800, KRW 208,000, KRW 200, KRW 2000, KRW 208,200.

Mutual aid, three (3), 4,800,000 deficient gold (in March, 4,800,000 won, 4,800,000 won, and receipt).