Text
1. The plaintiffs' appeal is dismissed.
2. At the preliminary claim of the plaintiffs added at the trial, the defendant shall be the plaintiff.
Reasons
1. Basic facts
A. D organized the accounts consisting of a total of 24 units on February 19, 2004 (hereinafter “instant accounts”).
By January 19, 2006, the instant fraternity paid an amount of KRW 50,000,000 per month over 24 times in total. The monthly deposit amount was 2650,000 won and 240,000 won, which was the last order, was 750,000 won.
B. The plaintiffs and the defendant were members of the instant fraternity, and the plaintiffs A had old accounts Nos. 9, 13, 15, 19, and 22, and the plaintiff B had old accounts Nos. 1/2, and 17 had old accounts Nos. 3, 7, 14, 18, and 23. The defendant had old accounts Nos. 3, 7, 14, 18, and 23.
C. Meanwhile, F, the Defendant’s seat, as an intermediate leader, joined the instant accounts Nos. 37 and 7 of the instant accounts, and received KRW 100 million in total at KRW 50 million each on the 37-time period of extension.
On October 19, 2004, the instant guidance was interrupted by preventing the payment of guidance money due to business depressions, etc. of Gyeyang D on the nine-time time period of sealing.
E. The deposit amount paid prior to the instant fraternity was KRW 71.98 million by the Plaintiff, KRW 21.6 million by the Plaintiff B, KRW 43.2 million by the Defendant, and KRW 41.84 million by the F.
F. After the instant accounts were closed, F does not constitute a reason to temporarily refund the difference between KRW 100 million in the accounts already received and KRW 4,1840,000,000 in the accounts paid, which was paid to the Defendant. Since the instant accounts were cut down, F, upon consultation with the Defendant, paid KRW 8,368,000 per month to the Defendant by 16,000 per month until January 19, 2006.
(i. (i.e., the amount equivalent to the monthly payment, as in the case where the instant accounts were normally operated). / [Grounds for recognition] The fact that there is no dispute, each entry of Gap 1 and 2 (including the provisional number), the testimony of the first instance court witness F and the purport of the whole pleadings.
2. The plaintiffs' assertion is 40,480,000 won calculated by deducting 43,200,000 won paid by the defendant prior to the instant strike from the F. The defendant's assertion is 83,680,000 won.