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(영문) 부산지방법원 2017.08.25 2016나12288
계금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. From October 2012 to January 10, 2014, the Plaintiff organized a successful bid of KRW 16,000, a successful bid of KRW 20,000, a monthly payment of KRW 1,33,00 (hereinafter “instant primary successful bid”), and the Defendant joined two old units.

In addition, from March 2013 to June 20, 2014, the Plaintiff organized a successful bid of KRW 16,000, a successful bid of KRW 10,000, a monthly payment of KRW 666,500 (hereinafter “the second successful bid”), and the Defendant joined two sections.

B. After receiving the first priority of the Plaintiff, the successful bidder of this case was operated in such a way that the member who presented a high interest from the next priority is awarded a successful bid, but who deducted interest and food from the set amount.

[Ground of recognition] Facts without dispute, Gap's 1 through 7, 13 evidence, Eul's 10 evidence, Eul's testimony, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion did not pay KRW 5,32,00 [ [1,33,00 won x 2] x (1,33,000 won x 2] of the total amount paid from December 2013 and January 2014, although the Defendant joined the first successful bid for the instant case and received the payment of KRW 10 million from December 2013 to June 2014, the Defendant did not pay KRW 9,331,00 [6,500 won x 2] of the total amount paid from December 2013 to June 2014.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 14,663,00 (=5,332,000) and damages for delay.

B. The following circumstances, which were acknowledged prior to the determination, are limited to the amount deposited by the Defendant into the Plaintiff’s Busan Bank account from October 1, 2012 to January 10, 2014, and the Plaintiff’s new bank from October 8, 2012 to June 30, 2014.

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