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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from July 22, 2017 to the day of complete payment.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that the Plaintiff joined the Defendant’s operational guidance from October 2013 to January 2017, the Plaintiff paid the Defendant a total of KRW 40 million per month to the Defendant, but the Defendant paid KRW 1.7 million to the Plaintiff, out of KRW 51.7 million, the Plaintiff paid the Plaintiff a total of KRW 50 million to the Plaintiff. However, the Plaintiff did not pay the remainder KRW 50 million to the Plaintiff.
B. The Defendant’s assertion that: (a) around October 2013, the Plaintiff joined the 2nd unit of the Defendant’s operation and paid KRW 2 million each month; (b) received KRW 42.2 million from April 2014; and (c) deposited only the remainder of KRW 1 million each month until January 2017; and (d) paid each month for the 1.3 million per month for the 1st unit of the Defendant’s operation.
2. The Plaintiff’s monthly payment from April 2013 to January 2017, where the Plaintiff claimed to pay 100,000 won each month, is no dispute between the parties, and according to the evidence Nos. 1 to 23 and the evidence Nos. 1 to 23, and the Plaintiff’s transfer to the Defendant each month from April 2013 to January 2017, the Plaintiff transferred KRW 2,000,000,000 to the Defendant respectively, and the Plaintiff transferred the Plaintiff’s mother’s payment to July 2015 and January 2017.
This recognition.
On the other hand, the Plaintiff was paid KRW 1,700,000 from the Defendant on February 27, 2017.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 50 million won (i.e., KRW 51,700,000 - KRW 1,700,000) and to pay the Plaintiff 15% interest per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from July 22, 2017 to the day of full payment, as requested by the Plaintiff.
In this regard, the defendant does not pay the deposit amount of the old account that the plaintiff joined the two old accounts and received from the date of receipt of the old account around April 2014.