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(영문) 수원지방법원안양지원 2016.06.16 2015가단15670
약정금
Text

1. The Defendant’s KRW 14,530,00 for the Plaintiff and KRW 5% per annum from July 29, 2015 to June 16, 2016.

Reasons

1. The summary of the Plaintiff’s assertion was around June 2009, and the Plaintiff operated the fraternity. The Defendant, a member of the fraternity, issued promissory notes with a face value of KRW 30 million on July 24, 2009, and the payee’s promissory notes as the Plaintiff, to secure the payment of the limit amount in the future, while receiving the limit amount from the Plaintiff. The Plaintiff was issued with a certified promissory notes as to this.

Therefore, the defendant is liable to pay to the plaintiff the deposit amount of KRW 30 million and damages for delay.

2. The legal relations between the members of the fraternity and the owner of the fraternity that arise after the sale of the fraternity shall be determined by taking account of the nature of the fraternity, depending upon the contents of the agreement between the fraternity and the members, the form of operation of the fraternity, and the relationship between the fraternity and the members. If the fraternity regardless of the other fraternity members, regardless of the agreement between the fraternity and the owner of the fraternity, the fraternity is entirely responsible for the operation of the fraternity, and there is no contractual relationship between the fraternity and the members, such a fraternity shall be deemed to be a form in which one contract between the plaintiff and the owner of the fraternity is integrated, and for any reason, the settlement between the plaintiff and the owner of the fraternity when the fraternity becomes unable to operate the fraternity is in accordance with the agreement between each fraternity and the owner.

(See Supreme Court Decision 86Meu1426 delivered on April 28, 1987, etc.). In full view of the purport of the entire pleadings in the evidence Nos. 1 and Nos. 2, the Plaintiff organized and operated entirely under the Plaintiff’s responsibility a 13-year fake mold (hereinafter “instant fraternity”) in which the Plaintiff was the guidance share price around June 26, 2009 and paid in 2.5 million won each month. The instant fraternity received the guidance payment on the one-time maturity date, and thereafter the other members received the guidance payment. In full view of the purport of the entire pleadings in the evidence Nos. 1 and 2, the Plaintiff received the guidance payment on the said month, the Plaintiff’s interest rate is KRW 5 million after the receipt of the guidance payment on the said month.

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