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(영문) 서울중앙지방법원 2019.12.17 2018가단30045
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 71,930,000 to the Plaintiff (Counterclaim Defendant) and the amount from April 1, 2018 to December 17, 2019.

Reasons

The counterclaim against the principal lawsuit shall also be deemed to have been satisfied.

1. Basic facts

A. The Plaintiff organized and operated each number meter (hereinafter “instant number meter”) from October 10, 2014 to November 23, 2017, as shown in attached Tables 1 and 2, as shown in attached Tables 1 and 2, and the Defendant was a member who joined each unit of the instant number meter.

B. The Defendant paid to the Plaintiff a total of KRW 189,850,000 as stated in the column of “paid money” in the attached Table 1, and received total of KRW 87,300,000 from the Defendant as stated in the column of “paid money” in the attached Table 1.

C. On July 11, 2016, the Plaintiff notified the Defendant that each system listed in attached Table 1 was sold.

The Defendant received total of KRW 301,040,000 from the Plaintiff as stated in the column of “the limit money received” in the attached Table 2 with respect to each of the above fraternitys as stated in the attached Table 2 (the payment, food, etc. was partially deducted under the name of the fraternity and the actual amount received was less than this). As to the above fraternitys, the Defendant did not pay to the Plaintiff a total of KRW 76,800,000 as stated in the column of “unpaid amount” in the attached Table 2 as stated in the same Table.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence of Nos. 1 through 7 (including each number, hereinafter the same shall apply), Eul evidence of No. 1 to 8, the purport of the whole pleadings

2. Determination on the main claim

A. The relevant legal principles have different legal nature as to the purpose and method of organizing the same money, the method of paying the benefits, the method of paying the benefits, the method of paying the benefits before and after the payment, the existence of the guidance and the relationship between the guidance and the guidance or the guidance, or any other relation between the guidance and the guidance or between the members, even though the same money is a benefit, and as such, it should be determined by comprehensively considering the aforementioned various circumstances.

Supreme Court Decision 200

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