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(영문) 대전지방법원홍성지원 2019.01.16 2016가단8138
계금
Text

1. The Defendant’s KRW 28,108,120 as well as the Plaintiff’s annual rate of KRW 5% from June 15, 2016 to January 16, 2019.

Reasons

1. Determination as to the cause of claim

(a) The following facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and Eul evidence No. 1-1 to 6, the whole purport of the pleadings, and there is no counter-proof.

(1) The Plaintiff, either the Defendant or a third party, subscribed to the sequence 1 to No.4, 6, respectively, among the slips below which the Defendant or the third party is the owner.

The defendant subscribed to the No. 5 System, and the plaintiff, together with the defendant, shall bear half of the amount to be paid, and one half of the amount to be paid.

CD (2) The Plaintiff subscribed to two units of the above (1,265,000 won) Nos. 4 (30,660,000 won) and 12 (3,000 won in the above (2), to two units of the above (2) Nos. 6 (1,265,000 won in the fraternity), 9 (1,3450,000 won in the fraternity), to one unit of the above three units of the No. 6 (1,3450,00 won in the above fraternity), No. 2 (50,000 won in the above fraternity), 11 (54,50,000 won in the fraternity), and 6 (5,150,000 won in the above fraternity).

The Defendant joined the 26th unit (60,1500,000 won, the Plaintiff’s share) in the above 5th unit.

(3) The amount of the fraternity paid by the plaintiff from the defendant was either paid by the plaintiff or by the defendant until it reaches the order of the plaintiff or the defendant in each of the above fraternitys (289 million won). (3) The amount of the fraternity paid by the plaintiff was paid by the plaintiff or by the defendant.

(4) From July 19, 2013 to July 22, 2015, the Defendant paid a total of KRW 121,861,880 to a third party at the Plaintiff’s request.

(5) On behalf of the Plaintiff, the Defendant: (a) KRW 8 million per month for eight months from April 27, 2016 to November 27, 2016; and (b) KRW 2.5 million per month for the payment of KRW 4,000,000 per month; and (c) as of April 19, 2016, KRW 2.5 million for the payment of KRW 75 million (the total amount of payment of KRW 7,500,000 per month for the payment of KRW 15 months; and (d) as of April 19, 2016, KRW 2.5 million after receipt of KRW 2,500 for the payment of KRW 15 months from May 19, 2016 to July 19, 2017.

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