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(영문) 춘천지방법원 2016.08.26 2015나5310
계금 반환
Text

1. The defendant's appeal is dismissed.

2. The costs of the lawsuit after the appeal shall be borne by the defendant.

purport, purport, and.

Reasons

1. Basic facts

A. From July 27, 2013 to March 28, 2015, the Defendant has a total of 21 accounts consisting of 21 members from July 27, 2013 to 21.

Before the receipt of this fraternity, 50,000 won per month and 560,000 won every month have been paid every 20 times, and an organization and operation of a system in which interest is added to the principal amount of KRW 10,000,000 per prescribed sequences.

(hereinafter referred to as the “instant guidance”). B.

From July 20, 213 to April 2014, the Plaintiff paid 10 million won (50,000 won per month x 10 months x 2) to the account of C in a de facto marital relationship with the Plaintiff in cash. From May 2014 to February 2015, the Plaintiff paid 9.5 million won (2 million won per month x 500,000 won x 20 months x 50,000 won by the sum of the fraternitys from May 2014 to February 2015 (50,000 won per month x 500,000 won) to the Plaintiff’s account.

C. On February 27, 2015, the Defendant paid the Plaintiff KRW 1,0580,000,000 to the maximum amount of KRW 1,080,000 to the Plaintiff, which is KRW 50,000,000,000,000 for the last payment.

On March 27, 2015, the Plaintiff requested the payment of the third guidance, and the Defendant rejected the payment.

[Ground for Recognition: Facts without dispute, Evidence No. 1-2, Evidence No. 1-2, Evidence No. 1-2, Evidence No. 2-1, 2-2, the purport of the whole pleadings]

2. The parties' assertion and judgment

A. The plaintiff asserted that the plaintiff is obligated to pay to the plaintiff 1,080,000 won of the fraternity as the 21st member of the previous fraternity of this case. Thus, the defendant asserts that the plaintiff is obligated to pay to the plaintiff 1,080,000 won of the fraternity (i.e., KRW 60,000 of the monthly interest of KRW 10,000 of the fraternity x the monthly interest of KRW 60,000 x the monthly interest of KRW 20,000 of the total amount of August 20 months (one month) and the interest of the pertinent month (one month) from the monthly interest of KRW 20,000, and that the defendant is not the plaintiff.

B. The 20th and the 21st of the instant guidance from July 2013.

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