(영문) 서울중앙지방법원 2017.10.17 2016나56990

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(영문) 서울중앙지방법원 2017.10.17 2016나56990

계금

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Around April 25, 2009, the Plaintiff subscribed to the first unit of the sequence operated by the Defendant (hereinafter “instant system”).

The structure of the instant fraternity is as follows.

The actual accounts are conducted once every 5th day, 15th day, and 25th day of April 2009, and each 13th day of August 25, 2009. The actual accounts are 850,000 won prior to the receipt of the accounts, and 1,000,000 won after the receipt of the accounts. The members who receive the accounts shall not pay the accounts, but pay the remaining 12 accounts. The actual accounts are to be paid by the members who receive the accounts. The Plaintiff paid all the accounts to the Defendant up to 11th day, and paid 850,000 won on August 1, 2009.

On August 17, 2009, the Defendant remitted KRW 10,825,00 to the Plaintiff, and on the same day, the Plaintiff returned the said money to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 2, 12, Eul evidence 1-1, 2, Eul evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged by the parties concerned is the 13th fraternity of the instant fraternity, and since all of the fraternity payments have been made, the defendant alleged to be the plaintiff as the 12,00,000 won (=1,00,000 won x 12) calculated by subtracting the 100,000 won from the total of the 13th fraternity payments on the said date (1,00,000 won x 12) or from the total of the 11,700,000 won from the calculation error.

In addition, it argues that there is a duty to pay damages for delay.

In regard to this, the defendant is a kind of partnership agreement, and as the other fraternity was unpaid, the plaintiff can only seek a payment of the settlement amount against all the fraternitys through the liquidation procedure, and the defendant cannot seek a payment of the settlement amount against all the fraternitys, who is the principal fraternity. It does not so.

Even if the plaintiff asserted that No. 12.

B. The legal nature and limits of the instant fraternity are as follows.

유사 판례

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