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(영문) 대전지방법원천안지원 2015.05.21 2014가단106676
계금
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 19, 2004, the Plaintiff organized the accounts consisting of a total of 24 units (hereinafter “instant accounts”).

By January 19, 2006, the instant fraternity paid KRW 50,000,00 each month over 24 times in total. The monthly deposit amount was set at KRW 2,650,000, and the sequence 24, which is the last sequence, was set at KRW 750,000.

B. Defendant B had five accounts, including 3,7,14, 18, and 23 as a member of the instant fraternity.

C. Meanwhile, Defendant C, the branch of Defendant B, joined the account No. 3,7 of the instant fraternity with Defendant B as an intermediate intermediary, and received KRW 10,000,000 as a total of KRW 50,00,000, respectively, on the 3,7-time maturitys.

On October 19, 2004, the instant guidance was interrupted due to the Plaintiff’s business depression, etc., which was the owner of the subject of the nine-time time time period for sealing.

E. The deposit amount paid prior to the instant fraternity was KRW 43,200,000 by Defendant B and KRW 41,840,00 by Defendant C.

F. After the instant accounts were closed, Defendant C does not have to refund the difference between KRW 100 million in the accounts already received and KRW 41,840,000 in lump sum. As the Plaintiff Matz liaison, which is the leading party, was set up, Defendant C paid KRW 83,680,000 in total, up to 16 times a month in consultation with Defendant B by January 19, 2006.

(i. (i.e., the amount of the accounts paid monthly, as in the case where the accounts of this case were normally operated). / [Grounds for recognition] The facts of no dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. As to the remaining KRW 58,160,00 after deducting the total amount of KRW 41,840,000 paid by Defendant C from the total amount of KRW 100,000,000 paid by Defendant C upon the Plaintiff’s assertion, Defendant C is a principal debtor who is liable to return the fraternity, and Defendant C is jointly and severally liable to return the fraternity amount of KRW 3 and 7 of the instant fraternity.

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