logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.01.17 2018나52334
계금반환
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. On June 2013, the Defendant organized the sequence of approximately 31 accounts (hereinafter “instant order system”), regardless of the change in the number of accounts, and became the 34 accounts opened by adding the intermediate account to the intermediate account.

The Defendant received the payment from the members of the fraternity every month, including the interest on the additional payments, as the subject of the instant system, and paid the payment to the members of the fraternity who received the monthly payment.

B. The members of the fraternity admitted to the instant ruptures shall receive the fraternitys according to the sequences set in each month, and shall pay the fraternitys of KRW 500,000 per month, but the fraternitys who received the fraternitys shall make an additional payment of KRW 1,50,000 in addition to the monthly deposit from the following month.

C. The Plaintiff opened four accounts, including Nos. 5, 17, 22, and 27, and paid the fraternity. The Defendant paid KRW 16,350,000 to the Plaintiff on November 25, 2013, and KRW 12,750,000 to the Plaintiff on April 28, 2015 and April 29, 2015, including KRW 17,450,000 to the account on May 28, 2015, and KRW 22, including KRW 18,050,00 to the account on August 27, 2015.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1 through 7, testimony of the first instance court witness C, witness E's testimony of the first instance court witness E, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, it is recognized that the Defendant did not pay the Plaintiff the fraternity of the account Nos. 5, 17, 22, and 27 to the Plaintiff. Therefore, the Defendant is obliged to pay the Plaintiff the fraternity of the account No. 17, barring special circumstances.

With respect to the total amount of money in the account No. 17, the Plaintiff 21,80,000 won in the account No. 17 (=the total amount of money paid plus KRW 17,000,000 in the interest of KRW 4,800,000 in the total amount of money paid plus KRW 17,00 in the account (the Plaintiff 32 account) shall be deemed to mean the account because the amount of money paid or interest paid according to the total amount of money paid or interest paid.

The plaintiff shall be 150,000 won.

arrow