(영문) 대전지방법원홍성지원 2014.11.25 2013가단10093

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(영문) 대전지방법원홍성지원 2014.11.25 2013가단10093

계금

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1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. On August 10, 201, the Defendant established the number fraternity (hereinafter “instant fraternity”) with 26 members including himself, and the members were to subscribe to the said fraternity 25 (25,000,000 won on August 10, 201, and the amount of the fraternity 50,000 won (the amount of the fraternity 1,00,000 won was later and later later, the increase in the amount of the fraternity) on the 10th day of each month, and the amount of the fraternity 2,50,000 won was paid once after the receipt of the fraternity (hereinafter “instant fraternity”). The Plaintiff established the number fraternity 25 (25,50,000 won on August 10, 2013, the scheduled date of receipt), and divided the amount of the fraternity 3 and the above amount of the fraternity 25.

B. From August 10, 201 to November 10, 2012, the Plaintiff, along with C, paid to the Defendant KRW 2,000,000 each month, in the manner of remitting the accounts of the instant fraternity to the Defendant’s account or granting them in cash at the fraternity’s meeting.

C. From December 2012, the Plaintiff suspended the payment of the deposit, and C solely paid KRW 1,000,000 to the Defendant by July 2013.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 4, 5, 15, 17 (including each number), witness C testimony, and the purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiff's assertion is that the defendant refused to receive the deposit money and failed to pay it. Thus, the defendant is liable for damages due to non-performance of the obligation to pay the deposit money to the plaintiff under the guidance of this case, since the defendant did not perform the obligation to pay the deposit money to the plaintiff.

Furthermore, even if the Defendant had intended to cover the Plaintiff’s deposit of other accounts guaranteed by the Plaintiff’s deposit, it would pay the Plaintiff’s deposit to the Plaintiff, and caused the Plaintiff to join the instant fraternity, and thus, the Defendant is liable for damages therefrom.

Therefore, the defendant is liable to the plaintiff for damages caused by default and tort.

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