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(영문) 서울중앙지방법원 2015.08.28 2013가단5163211 (1)
계금
Text

1. The Defendant’s KRW 3 million and the Plaintiff’s annual rate from May 21, 2014 to August 28, 2015, as follows.

Reasons

1. Basic facts

A. 1) Around March 2009, the Plaintiff entered the 22-day joining and paid monthly payments with the Defendant. Around February 2009, the Plaintiff agreed to pay monthly payments under the name of the Defendant (hereinafter “22-day joining agreement”) from February 2009 to April 201, 201, to pay monthly payments in the rupture operated by Nonparty C (one million won in monthly payments, and total of 27 ruptures from February 2009 to April 201, and to receive KRW 21 million in monthly payments (hereinafter “22-day joining agreement”).

(2) The Plaintiff paid KRW 8 million in total to the Defendant from March 2009 to September 2009, in accordance with the 22-day subscription agreement.

3) From October 2009 to April 201, the Defendant directly paid 19 million won in total each month from around 22 days to around 200,000 won. At around October 2009, the Defendant paid 21 million won in total to the Plaintiff (i.e., deposit of 12 days and monthly payment) but did not pay the said money to the Plaintiff; (ii) around September 2009, the Plaintiff and the Defendant paid 200,000 won in total from around 209 to around 100,000 won x 2010,000 won in each of 200,000 won under the name of the Defendant (i.e., 200,000 won) x 10,000 won in total (i.e., 200,000 won in total) x 10,000 won in each of 200,000 won in each of the agreements.

4) On November 201, 201, the Defendant received an amount of KRW 40 million against the No. 27 installments from the Plaintiff around November 14, 201, and paid KRW 4 million among them to the Plaintiff around November 14, 201. [Grounds for recognition: the fact that there is no dispute, and the fact that there is no dispute.]

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