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(영문) 전주지방법원 2019.04.19 2018나4225
계금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. From May 25, 2013 to June 25, 2015, the Plaintiff organized and operated the fraternity that received KRW 200,000 won per month, and KRW 250,000 per month after the receipt of the fraternity (However, no money is paid in the month when the fraternity is received), and as set forth in the sequence of order, the Plaintiff organized and operated the fraternity that received the principal plus interest of KRW 5,00,000 (hereinafter “instant fraternity”).

B. Defendant B joined the accounts of the previous accounts Nos. 5 and 14 in the instant accounts, and Nonparty E joined the accounts of the previous accounts Nos. 6, 16, and 26 in order to receive the fraternitys of the previous accounts (No. 6, 16 in order) respectively.

C. On September 25, 2013, Defendant C signed and sealed each letter on September 25, 2013, stating that “Defendant B shall receive the fraternity payment of the old account No. 5, promise to pay the Plaintiff the fraternity payment without fail, and if violated, he will be responsible for the payment.” Defendant B received the said letter from the Plaintiff and KRW 5,150,000 from the Plaintiff.

Defendant D signed and sealed as joint and several sureties a letter stating that “Defendant B shall receive the fraternity money of the old account No. 15 on July 25, 2014 and promise the Plaintiff to pay the fraternity money without fail, and if it is violated, he shall be liable to pay the fraternity money.”

In the debtor column of No. 2-2 of the evidence No. 2-2, there is no dispute between the parties as to the fact that Defendant B signed and sealed Defendant D and guarantor column, but at the time, Defendant B had the intent to jointly and severally and severally guaranteed the obligation to pay the deposit amount of Defendant B.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is 50,000 won per month for ten months from September 25, 2014 to June 25, 2015 after the Plaintiff received all the fraternitys 5,150,000 won per five old accounts and 5,60,000 won per month.

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