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(영문) 서울동부지방법원 2014.09.23 2013가단20374
계금
Text

1. The Defendant’s KRW 50 million to the Plaintiff, as well as 5% per annum from July 2, 2013 to September 23, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff joined 26 members of the fraternity organized by the Defendant on January 15, 2010, and 5 million won of the monthly payment.

B. On January 15, 2012, the Defendant drafted and issued a receipt (Evidence A) stating that “I will make each payment of KRW 179 million to the Plaintiff by the end of February 15, 2012 and March 15, 2012, deducting KRW 100 million from the total amount of KRW 190,000,000 from the total amount of KRW 190,000,000,000 for the monthly payment, and KRW 179,000,000,000 from the total amount of KRW 20,000,000.”

C. The defendant Na

On the same day, in order to secure the obligation to pay the amount of the credit, the Promissory Notes (Evidence A(Evidence A(2)) was issued to the plaintiff, which is equivalent to 179 million won in face value.

On January 28, 2012, the Defendant paid KRW 79 million to the Plaintiff.

[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 3, the purport of the whole pleadings]

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid limit of KRW 179 million ( KRW 179 million - 79 million) and the damages for delay from the day following the day on which a copy of the complaint of this case was served, except in extenuating circumstances.

B. On February 15, 2012, the defendant asserted that he/she paid additional KRW 50 million to the plaintiff on February 15, 2012. Thus, according to the evidence Nos. 3, the defendant can be acknowledged that he/she paid KRW 50 million to the plaintiff on February 15, 2012. Thus, the defendant's defense is justified.

(2) On January 15, 2010, the Plaintiff’s assertion (A) was admitted to two parts of the number system organized by the Defendant, and thus, he/she shall receive the payment of 179 million won from the Defendant, respectively. The amount of KRW 50 million from the Defendant on December 27, 201 and KRW 28 million on the following day, respectively, and KRW 179 million on January 28, 201, and KRW 28,000,000 on KRW 179,000,000,000 on KRW 179,000,000 on the part of the Plaintiff’s assertion. However, on the remaining part of the amount of KRW 15,00 on February 15, 2012, the payment for the portion of KRW 179,000 on KRW 79,900 on February 15, 201.

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