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(영문) 서울동부지방법원 2015.06.26 2014가단49105
부당이득금반환
Text

1. Defendant G:

A. The Plaintiff A’s KRW 6,603,50 and its related KRW 5% per annum from August 26, 2013 to April 16, 2015.

Reasons

Basic Facts

Around April 2013, Defendant G, along with the Plaintiffs, Defendant H, operated the number fraternity to be paid in accordance with the predetermined sequence (hereinafter “instant number fraternity”) of KRW 18,00,000 per month payment per unit, KRW 3,000,000 per month, KRW 51,000 per month, KRW 17,000 ( KRW 3,000,000 x KRW 17,000, and KRW 51,000,000 per month). The said number fraternity is set forth below.

G KK L L E G M CH HD P PP QB RJ I H The instant number system was continued to run up to five times on August 26, 2013.

Plaintiff

A, B, and C paid KRW 45 million in total each five times of KRW 3 million per each unit (=15 million x 3) on five occasions, and the Plaintiff, E, and F paid KRW 15 million in total each five times of KRW 1/2 of the former unit (i.e., KRW 7., KRW 7.5 million x 2) on five occasions, each of which exceeds KRW 15 million on five occasions.

(A) On October 23, 2013, Defendant H, the recipient of the limit money No. 2, agreed to return KRW 25 million, out of the limit money received on October 23, 2013, to the remaining members including the Plaintiffs (AB). Accordingly, on May 9, 2014, Defendant H returned KRW 20 million, including the Plaintiffs, to the remaining members, including the Plaintiffs. The remaining members, including the Plaintiffs, were divided into KRW 20 million.

[Ground of recognition] Unsatisfy, Gap 1 and 2, and the purport of the whole pleadings.

The plaintiffs' assertion as to the claim against Defendant G as outlined as follows. The plaintiffs asserted as to the claim against Defendant G as follows.

The plaintiffs paid five-minutes of the instant number fraternity organized by Defendant G as a main agent. Since the instant number fraternity was sold under the condition that the plaintiffs did not receive the fraternity, Defendant G is liable to return the fraternity amount that the plaintiffs paid to the main agent and the main agent of the Plaintiff.

On the other hand.

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