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(영문) 부산지방법원 2017.12.12 2016가단51237
구상금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 75,50,000 and the interest rate of KRW 15% per annum from November 10, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff organized and operated the same fraternity as indicated below (hereinafter collectively referred to as “instant fraternity”).

Following the successful bid on October 15, 2012 to October 15, 2014, 12,000,000 won 313,000 won from October 15, 2014 to October 15, 2014, 25: (a) from December 25, 2012 to December 25, 2012; (b) from June 10, 2013 to June 10, 2015; (c) 15, 7, 8, 9, 10, 127, 250, 200, 305, 205, 30, 305, 205, 205, 30, 205, 205, 30, 205, 205, 30, 205, 30, 205, 200.

B. The Defendant, after becoming a member of the instant fraternity, received the fraternity equivalent to the total amount of the previous accounts he/she joined, but failed to pay the fraternity from December 2, 2013 to the end of the instant fraternity. The details are as listed below.

C. Accordingly, the Plaintiff paid a total of KRW 75,50,000,000 (=27,500,000,000) in lieu of the Plaintiff’s share in the accounts of the instant accounts, which the Defendant did not pay (28,50,000,000).

[Ground of recognition] Facts without dispute, Gap 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff a total of KRW 75,500,000,000, which the Plaintiff paid on behalf of the Defendant, and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 10, 2016 to the date of full payment, which is the day following the delivery of a duplicate of the instant complaint to the Defendant.

3. If so, the plaintiff's claim is reasonable and it is so decided as per Disposition.

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