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(영문) 의정부지방법원고양지원 2017.04.07 2016가단78390
계금
Text

1. The Defendant’s KRW 23,500,000 and the Plaintiff’s annual rate from May 21, 2016 to June 29, 2016.

Reasons

1. After the Plaintiff entered into a mutual savings agreement with the Defendant around September 20, 2014 with respect to the cause of the claim, the Plaintiff paid KRW 20,00,000 to the Defendant over twenty times from September 20, 2014 to April 21, 2016, and the fact that the Plaintiff was paid KRW 29,750,00 in advance from the Defendant on May 20, 2016 is recognized by the purport of the evidence No. 1, No. 2, and No. 3, and the witness’s testimony and the entire pleadings.

According to the above facts of recognition, the defendant is obligated to pay 23,50,000 won, calculated by deducting the total sum of the amounts paid and interest paid in and interest paid in and paid in and paid in and paid in to the remainder of 6,250,000 won from the fraternity 29,750,000 as the plaintiff's claim against the plaintiff (i.e., 29,750,000 won - 6,250,000 won) as well as damages for delay calculated at each rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 21, 2016 to June 29, 2016 when the copy of the complaint of this case was delivered to the defendant from May 21, 2016 to June 29, 2016; and

2. On the judgment of the defendant's assertion, the defendant asserts that C is not obliged to pay the fraternity to the plaintiff who is the cause of the fraternity recruited by C as the counter-resident of the instant fraternity, and C is not able to respond to the plaintiff's claim before receiving the fraternity payment from other fraternity members.

In full view of the contents of evidence No. 1-1, No. 1-2, No. 1-3, and No. 1-3 as well as the purport of the whole pleadings and the testimony of witness C, the plaintiff continued to transfer the transferred money to the defendant's deposit account that is not C, the defendant paid the transferred money to the fraternity members who asserted that C had recruited, and C was merely liable for the failure of the transferred money in relation to the defendant, and according to the above facts of recognition, the defendant was recruited by C.

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