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(영문) 대전지방법원천안지원 2014.06.13 2014가단2750
보관금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D organized the accounts consisting of a total of 24 units on February 19, 2004 (hereinafter “instant accounts”).

By January 19, 2006, the instant fraternity paid KRW 50,000,00 each month over 24 times in total. The monthly deposit amount was set at KRW 2,650,000, and the sequence 24, which is the last sequence, was set at KRW 750,000.

B. The plaintiffs and the defendant were the members of the instant fraternity. The plaintiff A had the old accounts Nos. 9, 13, 15 (the recipient from E after the six time extension period), 19, and 22, and the plaintiff B had the old accounts Nos. 1/2, 21 out of 17. The defendant had the old accounts Nos. 3, 7, 14, 18, and 23, and the defendant transferred the 3,7 old accounts among them to F.

(c)F has received KRW 100,000,000 in total, each of the three and seven instances of care days, for each of 50,000,000.

On October 19, 2004, the instant guidance was interrupted by preventing the payment of guidance money due to business depressions, etc. of Gyeyang D on the nine-time time period of sealing.

E. The deposit amount paid prior to the instant accounts were KRW 71,980,000 by the Plaintiff, KRW 21,60,000 by the Plaintiff B, KRW 43,200,00 by the Defendant, and KRW 36,610,00 by the F.

F. After the instant accounts were closed, F does not constitute a reason to temporarily refund the difference between KRW 100,00,000 and that of KRW 36,610,000 paid-in advance and that of KRW 36,610,000, which was already received. As the instant accounts were closed, F paid KRW 83,680,000 in total to the Defendant by January 19, 2006 following consultation with the Defendant by 16 times until January 19, 206.

(i. (i.e., the amount equivalent to the monthly payment, as in the case where the instant accounts were normally operated). / [Grounds for recognition] The fact that there is no dispute, Gap 1 and 2 (including the provisional number), the witness F's testimony, and the purport of the whole pleadings.

2. The plaintiffs' assertion amounting to KRW 40,480,00 obtained by the defendant's 83,680,000 from F, deducting the defendant's damage amounting to KRW 43,20,00 from the defendant's 83,680,000, which was paid by F. D must return to Jeonju.

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