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Reasons
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(영문) 청주지방법원제천지원 2015.12.16 2015가단867
계금
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1. The Defendant: (a) KRW 18,717,672 to the Plaintiff and KRW 5% per annum from April 9, 2015 to December 16, 2015.

Reasons

1. Basic facts

A. On October 15, 2013, the Plaintiff organized the sequences of 10,00,000 won for each unit and 17 units for each unit. From October 15, 2013 to February 15, 2015, the Plaintiff paid KRW 625,00 per month for each unit and KRW 725,000 per month for each unit after receiving the fraternitys to the Plaintiff, respectively.

B. The Defendant joined two units of the above fraternity Nos. 5 and 6, and one name “C” (the main name: D; hereinafter “C”) joined two units of the above fraternity.

C. Pursuant to the foregoing sequence, C received KRW 10,00,000 from November 15, 2013, and the Defendant received KRW 10,000,000 each of the fraternity payments on February 15, 2014 and March 15, 2014.

However, even if the Defendant and C received all their fraternity payments, only paid to the Plaintiff from March 15, 2014, and did not pay the fraternity payments from April 15, 2014 to the last (25 February 15, 2015).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion that the defendant did not pay his/her own accounts, is liable to pay his/her unpaid accounts to the plaintiff.

In addition, the defendant would be liable for the payment of the accounts of C, thereby joining C with the trust of the defendant as a fraternity member. Since C did not pay the accounts, the defendant is obliged to pay C the unpaid accounts to the plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 23,925,00 (=2,175,000 (=725,000) x 3) x 1) of the Defendant and C’s total amount of fraternity payments from April 15, 2014 to February 15, 2015, and damages for delay thereof.

3. Determination

A. According to the above facts finding as to the cause of the claim, the defendant has the obligation to pay the plaintiff the unpaid amount of KRW 15,950,000 (=1,450,000 (=725,000 x 2) x 11) and damages for delay.

Furthermore, the defendant.

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