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(영문) 서울중앙지방법원 2020.08.12 2019나82297

계금(이불입금)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. The Plaintiff asserted (1) on December 5, 2008, the Plaintiff organized a successful bid of KRW 9,000,000 for each share, consisting of 16 fraternity members, and the successful bid amounting to KRW 9,00,00 for each share. The Defendant subscribed to two units (No. 1 and 5).

From the total amount of 17,600,000 won that the Defendant is obligated to receive from the Plaintiff, 48,000 won remains as the amount to be paid from 10 times to 10 times for the Defendant’s above fraternity, 740,000 won for the unpaid amount of the fraternity as of December 2, 2008, and the amount to be paid from 11 to 16 times for the Defendant’s above fraternity. Since the Defendant failed to pay the total of 10,696,000 won for the above fraternity from 11 times for the above fraternity to 16 times, the Defendant later failed to pay the total of 10,208,00 won (=10,696,000 won - 48,000 won).

(2) On January 27, 2009, the Plaintiff organized the number system that pays KRW 2,000,000 by the sequences for each main demand date. The Defendant joined two old units (No. 2, 4).

The Defendant shall receive KRW 2,00,000 from the Plaintiff on the basis of the previous accounts No. 2. However, the Defendant failed to pay KRW 2,370,000, and KRW 20,000, and KRW 20,000, and KRW 4,300,000, in total, from five times to nine times in the previous accounts on December 2, 2008, and KRW 1,850,000, respectively. Accordingly, the Defendant failed to pay KRW 2,30,000 (= KRW 4,300,000 - KRW 2,000,000).

(3) On February 6, 2009, the Plaintiff organized a number of 2,000,000 won by setting up 13 fraternitys, each week, in accordance with the sequences, and the Defendant joined two old units (1, 6) among them.

The Defendant shall receive KRW 2,00,000 according to the previous account No. 1, but the amount to be paid to the Plaintiff was deducted as the sum of KRW 170,00,000 for one unpaid payment, KRW 20,000 for food expenses, KRW 340,00 for C’s unpaid payment, KRW 507,00 for D’s unpaid payment, and KRW 963,000 for D’s unpaid payment at the Defendant’s request.

In addition, the defendant should receive the amount of KRW 850,00 according to the old account No. 6, but the amount to be paid to the plaintiff is the money to be paid to the plaintiff.