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(영문) 의정부지방법원 2018.01.23 2015가단36549

계불입금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. On January 10, 2013, Defendant B joined the fraternity of KRW 5,400,000 per month of the deposit amount (i.e., KRW 1,800,000 x 3) in the limit organized by the Plaintiff as a leader (hereinafter “instant limit”) and Defendant C, who is the friendship of Defendant B, as the friendship of Defendant B, joined the fraternity of KRW 3,600,00 per month of the deposit amount (=1,800,000 x 2 accounts).

B. Until March 2013, Defendant B received KRW 90,000,000 from the Plaintiff as the fraternity of the instant fraternity, and Defendant C received KRW 30,000,000 from the Plaintiff around September 2013.

C. On the other hand, D’s words also joined the instant fraternity as a fraternity of KRW 1,800,000 per month of the deposit amount (i.e., KRW 1,800,000 x 1) and received KRW 30,000,000 out of KRW 20 among the 20 members of the fraternity.

[Grounds for Recognition] Facts without dispute, E, F, and D's testimony, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Defendants joined the instant fraternity; Defendant B entered the instant fraternity; received KRW 90,000,000 from the Plaintiff; and Defendant C received KRW 30,000,00 from the Plaintiff, respectively, Defendant B shall pay the Plaintiff KRW 43,20,00 (=(1,80,000 x 3) x 8 months from February 2014 to September 2014) ; Defendant C shall be paid KRW 14,40,00 (1,80,000 x 2) x 4 months from June 2014 to September 2014; and Defendant C shall be paid the instant fraternity including KRW 43,200,00 to Defendant B.

[2] Defendant B did not pay each of the instant fraternitys. Accordingly, Defendant B did not receive KRW 32,400,000 from the Plaintiff, Defendant C paid KRW 10,800,000 from the amount of the instant fraternitys, and damages for delay thereof. Defendant B’s assertion that the said fraternitys were paid in full from the instant fraternity, but only KRW 17,850,000 from the Plaintiff did not receive the remainder of KRW 72,150,00 from the Plaintiff.

In addition, Defendant C also paid all the instant fraternity payments, and instead, Defendant C did not receive a loan of KRW 5,000,000 from the Plaintiff.

Therefore, the Plaintiff’s instant case against the Defendants.