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(영문) 전주지방법원 2018.12.14 2017가단27527
계금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 33,00,000,000 against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 27, 201, the Defendant joined the 30,000,000 Won and the 26 number accounts consisting of KRW 26 (hereinafter “instant accounts”) 4 and 15 (2) accounts.

B. The members of the fraternity of this case shall pay KRW 1,200,000 as the deposit amount per unit before receiving the limit amount, and KRW 1,500,000 as the deposit amount per unit after receiving the limit amount.

C. On July 27, 2011, the Plaintiff received KRW 30,600,000 from the Defendant as the amount No. 4 of the instant fraternity, and received double KRW 18,000,000 as C’s account.

On June 27, 2012, the Plaintiff received KRW 33,90,000 from the Defendant with the amount of KRW 15,000,000 from the instant accounts. The Plaintiff received KRW 2,090,000 as C’s account.

E. From July 27, 2012 to May 27, 2013, the date on which the instant fraternity ends, the Plaintiff did not pay KRW 33,000,000 [3,00,000 [3,000 (1,50,000 won for the deposit amount to be paid by the Plaintiff in relation to the instant accounts since July 27, 2017) from July 27, 2017 to July 15] in total.

[Ground of recognition] Facts without dispute, Gap 2 and 3 evidence, Gap 5-4, 7, and Gap 9 evidence, the purport of the whole pleadings

2. The parties' assertion

A. On July 27, 201, the Plaintiff’s principal lawsuit filed by the Plaintiff shall be paid KRW 30,600,000 to the Plaintiff on the following grounds: (a) double KRW 18,000 ( KRW 30,600,000 - KRW 18,000) to the Plaintiff; and (b) to the Plaintiff, the Defendant shall also pay the remainder of KRW 12,60,00 ( KRW 18,000 - KRW 18,000) to the Plaintiff; and (c) to the Plaintiff, the interest rate of KRW 12,12, which is the interest rate applicable to the deposit amount added after the Plaintiff was paid by the fraternity, from June 28, 201 to May 27, 2013, which is the end of the instant fraternity; and (d) to the sum of KRW 2,895,580 ( KRW 1260,00,000 x 539,5965).

However, the instant guidance was dispatched on July 2012, and it was dispatched.

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