logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.06.24 2014나13453
계금반환금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. In full view of the respective descriptions of Gap evidence Nos. 1 through 5 (including the branch numbers) and the whole purport of the arguments, the following facts are recognized:

1) From August 28, 2012 to April 28, 2014, the Plaintiff shall pay KRW 1,000,000 and KRW 1,200 (the amount calculated by adding the interest amount of KRW 200,000 on the title of interest for KRW 1,200,000,000 after retirement of the fraternity, up to the 28th day of each month (total 21 times) from August 28, 2012 to April 28, 2014, and if the payment is delayed, the Plaintiff shall pay the fraternity (hereinafter “instant fraternity”). The amount calculated by adding the damages for delay calculated at the rate of 30% per annum to the fraternity payment (hereinafter “instant amount”).

(2) On December 28, 2012, Defendant B and D operated the said fraternity, and Defendant B and D paid KRW 21,600,000 (2,300,000) (2,300,000) to Defendant B on December 28, 2012, and accordingly, Defendant C and D jointly and severally guaranteed Defendant B’s obligation to pay the deposit amount.

3) On April 28, 2013, the Plaintiff: (a) set up an amount of KRW 22,400,000 at the intervals of Defendant D on April 28, 2013, and accordingly, paid KRW 21,90,000 on May 2, 2013; (b) Defendant B and C jointly and severally guaranteed Defendant D’s obligation to pay the fraternity deposits. (b) The Plaintiff is the Plaintiff from 13 times to 21 times (from August 28, 2013 to April 28, 2014) total amount of KRW 21,60,000 (from August 28, 2013 to April 28, 2014).

2. Determination

A. According to the facts under paragraph (1), with respect to the Defendants’ joint and several KRW 21,60,000 and the total amount of KRW 2,400,00 (the total amount of KRW 2,40,000 that Defendant B and D should have paid to the Plaintiff on August 28, 2013) from August 29, 2013, and 2,400,000 (the total amount of KRW 2,40,00 that Defendant B and D should have paid on September 28, 2013) from September 29, 2013 to September 28, 2013, respectively.

arrow