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(영문) 인천지방법원 2020.01.08 2019가단20954

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 16,80,000 and the interest rate of KRW 12% per annum from December 1, 2019 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant recommended the Plaintiff to subscribe to the number system that he operates as a principal, and said that the Defendant would pay KRW 500,000 per unit to the Plaintiff, and that the Plaintiff would pay interest of KRW 100,000 per unit per unit per unit, if the time limit is transferred to the lower class.

Around April 2015, the Plaintiff subscribed to the four unit units of a total of 26,000,000 won per month from April 5, 2015 to April 4, 2016.

B. The Plaintiff was unable to receive the time limit from the Defendant on the agreed date, and thereafter received the refund of KRW 4,800,000 for the credit amount paid by the Plaintiff from the Defendant (i.e., four accounts x 100,000 per month x 12 months) and the total of KRW 14,200,000 for principal.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of recognition as above, the Defendant is obligated to pay the Plaintiff the unpaid principal of KRW 16,800,000 (=26,000,000 - 9,200,000) and delay damages therefrom out of the fraternity paid by the Plaintiff.

B. On September 2013, the Plaintiff asserted that the Plaintiff paid KRW 2,500,000 monthly subscription to the Defendant’s management system and received KRW 10,00,000 on February 20, 2015.

Accordingly, on January 14, 2015, the Plaintiff received the said time deposit, and concluded a contract to lease the land in the name of the Plaintiff C, which is the Plaintiff’s children, and to take over the right facilities on the ground, and paid the lessor the lease deposit amount of KRW 1,500,000,000 and KRW 3,200,000,000,000 for the premium deposit for lease deposit to E, and provided the Defendant with such circumstances.

However, on February 20, 2015, the Defendant had agreed with the Plaintiff and did not pay the time limit money of KRW 10,000,000. Ultimately, the Plaintiff did not pay the remainder on February 21, 2015, which is the remainder payment date.