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Reasons
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(영문) 서울남부지방법원 2020.03.05 2019가단2012
계금
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1. Defendant B shall pay to the Plaintiff KRW 33,50,000 and the interest rate of KRW 12% per annum from February 15, 2019 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against Defendant C

A. On the premise of factual relations 1) Defendant B, as the owner of a fraternity, is the head of the fraternity, 31 units of old accounts, 1,000,000 won of old accounts (the interest rate of KRW 250,000 after the receipt of the fraternity), and 30,000,000 won of the fraternity (the interest rate of KRW 250,000 per month) (hereinafter “the instant fraternity”).

(2) Around December 1, 2014, the Plaintiff joined the account in which the Plaintiff received fraternity money around December 1, 2016 and around November 2016. (2) Around December 2014, the Plaintiff received KRW 31,250,000 (i.e., principal amount of KRW 30,000,000 x 250,000 x 5 months).

3) On October 2016, the Plaintiff paid KRW 1,00,000 to Defendant B, even though there was no obligation to pay the deposit amount of the pertinent account, even though there was no obligation to pay the deposit amount of the said account. However, the Plaintiff did not receive the deposit amount of KRW 36,750,000 (i.e., the principal amount of KRW 30,000,000 x 250,000 x 27 months) even on November 2016 (i.e., the principal amount of KRW 37,000,000 (= the principal amount of KRW 30,000,000) x 250,000 x 28 months).

5) As such, the Plaintiff did not pay KRW 2,50,000 [2,50,000 of the deposit amount of KRW 1,000,000 [2] x 2] of the deposit amount of KRW 3,750,00 on December 2016 [3,00 of the principal x 35,000 of the interest rate of KRW 1,000,000 of the principal x 35,000] of the deposit amount of KRW 3,750,000] to Defendant B. Since then, the Plaintiff received payment of KRW 35,00,000 as part of the deposit amount from Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3-1 to 32, purport of the whole pleadings

B. Defendant B’s assertion that the Plaintiff is entitled to KRW 33,50,000 (=36,750,000 won - KRW 37,000,000 - KRW 35,000), and the amount unpaid from KRW 1,00,000 (= KRW 2,50,000, KRW 3750,000), which is the remainder of the amount calculated by deducting the unpaid amount from KRW 1,50,000 (= KRW 33,50,000).

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