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(영문) 춘천지방법원영월지원 2015.07.08 2015가단620

계금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 2013, the Defendant and C organized a total of 30 units of account, a total of 1,020,000 units of account per month (1,300,000 won after retirement of accounts), and a number of accounts for KRW 30 million (hereinafter “30-day limit”).

B. The Defendant, among the 30-day fraternity members, managed the above fraternity members by inviting the members of the fraternity D, etc., and C, among the 30-day fraternity members, managed the above fraternity members, such as collecting the fraternity members by recruiting the members of the Plaintiff, etc. (However, E and F also paid the fraternity directly to the Defendant).

C. Most of the fraternitys recruited by C including the Plaintiff are paid to C from March 2013 to October 2014, and the fraternitys were paid from C.

The Plaintiff, through C, paid 20,400,000 won (i.e., 1,020,000 won per month x 20 times) from March 30, 2013 to October 30, 2014. On November 21, 2014, the Plaintiff was scheduled to receive KRW 30,000,000 from March 30.

E. Around January 2015, the Defendant: (a) received a bonus from the Plaintiff on November 30, 2014; and (b) called “C” as a principal and principal and also as a fraternity; and (c) deducted KRW 30 million as C’s debt on November 30, 2014.

‘The content-certified mail' has been sent.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1-1, Eul evidence 2, witness G testimony, the purport of whole pleadings

2. The plaintiff's assertion that the defendant organized 30 days and received the payment of the fraternity from the plaintiff et al. through C. Thus, as a sole owner, the plaintiff is liable to pay 22,70,000,000 won, deducting the sum of the 35,400,000 won and the 12,70,000 won and the 12,70,000 won, which should have been received by the plaintiff on November 30, 2014.

3. The guidance of determination shall, even if money is the same as a payment, be the purpose and method of organizing it, the method of providing the benefit, the method of paying the benefit before or after the payment, the method of paying the benefit, the existence of a caution, and the guidance and guidance.