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(영문) 전주지방법원 2017.04.19 2015나6565
계금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) On December 21, 2013, the Defendant: (a) on December 21, 2013, the Plaintiff’s guidance amounting to KRW 30 million (24; hereinafter “instant guidance”).

(2) In the course of the proceeding up to 4, the Plaintiff joined the sequence Nos. 1/2, 8, 1/2, and 17 as members. The Defendant subscribed to the said order and paid the said amount up to 3 times. The Defendant paid the said amount up to 2.8 billion won each month from 4 times to 8.67 million won (=2.90,000 won x 3 times) with interest added up to the amount of KRW 10 million to 8.1/2,000,000 won. (2) On December 21, 2013, the Plaintiff decided to pay the Plaintiff directly to C the amount of KRW 5.1/2,000,000,0000,000,000 won, calculated the Defendant’s unpaid amount of KRW 4.289,500,000,0000 from KRW 1/5,000,000.

3) On March 10, 2014, the Plaintiff directly returned KRW 150,00,000,000,000,000,000,000,000 for seven times, the Defendant unpaid to the Defendant (i.e., KRW 2., KRW 1.89,000,000,000,0000,0000,0000,0000,0000,000,0000,0000,000,0000,000,0000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,0000,0000,0000,000,0000,000,000,000.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 1,456,00,000 after deducting the amount of KRW 1,0560,000 (i.e., KRW 1320,000 x 8 times) that the Defendant paid from the said KRW 2,512,00 to the Plaintiff.

B. The defendant's assertion 1) The defendant's mother has joined the number limit of KRW 30 million through D and paid up to three times the amount of fraternity to KRW 30 million.

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