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Reasons
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(영문) 서울동부지방법원 2016.04.29 2015가단1650
계금 반환
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1. The Defendant’s KRW 2,0610,00 and the Plaintiff’s annual interest thereon from January 24, 2015 to April 29, 2016.

Reasons

1. Facts that have no dispute or are not clearly disputed;

A. In relation to the first system, the Defendant: (a) from August 20, 201 to August 20, 2014, 37 (2) from August 20, 201 to August 20, 2014, the Defendant paid KRW 3,00,000 per month and KRW 3,90,000 per month from the date of receipt of the fraternity over 36 times; and (b) organized a system to receive interest of KRW 18,000,000 per month as set forth in the order; (c) the Plaintiff subscribed to the said system on the condition that the Plaintiff received the fraternity at a 19-time amount. (d) The Plaintiff received KRW 12,240,000 as the fraternity under the agreement on February 20, 2013.

3) From March 20, 2013 to July 20, 2014, the Plaintiff did not pay the last installment payment to be made on August 20, 2014, while the Plaintiff paid the deposit amount containing interest of KRW 3.9 million each month. B. In relation to the second installment, the Defendant subscribed to the said deposit on the condition that the Plaintiff receive the principal amount of KRW 70 million from November 10, 2012 to October 10, 2015.

2) On January 10, 2014, the Plaintiff received KRW 78,40,000 as an advance payment. 3) The Plaintiff paid KRW 2.7 million each month from February 10, 2014 to July 10, 2014, and the Plaintiff did not pay the advance payment for 15 months from August 10, 2014 to October 10, 2015.

C. 1) As to the third system, the Defendant: (a) from March 26, 2013 to March 36, 2016, 360 million won per month; (b) from March 26, 2013 to March 36, 2016, the Defendant paid 3.9 million won per month; (c) from the month following the date of receipt of the fraternity to 3.9 million won per month; (d) organized a system that receives interest of KRW 18 million per prescribed sequence; and (e) the Plaintiff joined the said system two units by July 26, 2014.

The plaintiff and the defendant have separately agreed on the method of settlement at the time of strike.

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