계금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A. Around May 2013, the Plaintiff entered the 6 unit of the sequence C, which was operated by the following methods, as the introduction of the Defendant (hereinafter “the No. 1 unit”).
Operating period: From May 27, 2013 to January 27, 2015 (21); 10,000 won per unit (10,000 won per unit): 500,000 won per month; and 100,000 won per month from the following month after payment is exempted; and 100,000 won per month from the month after the receipt of the fraternity; and
B. The Defendant, on behalf of the Plaintiff, paid the Plaintiff the first generation deposit to C, and the Plaintiff received the first generation deposit from C through the Defendant.
C. While the sequence 1 is operated, the Plaintiff paid the Defendant KRW 2,00,00,00 on May 27, 2013; KRW 5,200,000 on June 27, 2013; KRW 3,000,000 on October 28, 2013; KRW 2,00,000 on November 26, 2013; KRW 1,50,000 on June 16, 2014; KRW 710,00 on July 11, 2014; KRW 20,000 on the aggregate of KRW 1,50,500 on January 26, 2015; KRW 10,000 on the basis of KRW 20,00 on the basis of KRW 1,50,000 on the basis of the Defendant’s payment; KRW 10,000 on the basis of KRW 10,37,010 on the basis;
The plaintiff prepared a written confirmation (No. 1) to the defendant as follows:
The amount of KRW 38 million per day shall be deposited at the time of the above-mentioned payment, and the amount of KRW 38 million shall be paid in five months.
On February 2, 2015, the Plaintiff joined the 6 unit of the sequences operated by the Defendant in the following methods (hereinafter referred to as “second sequences”).
Operating period: From February 25, 2015 to October 25, 2016 (21); 10,000 won per unit (10,000 won per unit): From February 25, 2016 to October 25, 2016: 50,000 won per month; and 100,000 won per month from the month following the receipt of the fraternity; and 100,000 won by adding the interest of KRW 10 per month from the month following the receipt of the fraternity;
F. The Plaintiff was entitled to KRW 10,00,00 from the No. 2nd on March 25, 2015, May 25, 2015; June 25, 2015; August 25, 2015; and August 25, 2015; however, the Plaintiff was entitled to KRW 10,00,00 from the No. 1nd on September 25, 2015.