(영문) 인천지방법원 2015.09.02 2014가단49318

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(영문) 인천지방법원 2015.09.02 2014가단49318

계금

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1. The Defendant’s KRW 44,625,00 for the Plaintiff and KRW 5% per annum from July 6, 2014 to September 2, 2015.

Reasons

1. Basic facts

A. On August 5, 2011, the Plaintiff subscribed to the Free Tendering System (hereinafter “instant System”) on July 5, 201, 200 won, approximately 20,000 won per month of monthly payment, KRW 50,50,000 per month, KRW 36,000,000 per month, and July 5, 2014 at the end.

B. On the 5th day of each month, the fraternity of this case shall pay a total of 36 million won per unit to the defendant, who is the owner of the fraternity, not later than the last day of 36 times, regardless of whether or not to receive the fraternity. The order of receiving the fraternity of this case shall be the order of receiving the fraternity of this case from 50 million won to 50 million won each, and the fraternity of this case shall generally receive the fraternity of this case from 6 times to 1,50,000 won each, in the order of 1,50,000 won from 7,50,000 to 1,500,000 won each, and the last 36 times shall receive the fraternity of this case from 36,000 won, and the order of receiving the fraternity of this case between each of the fraternity of this case shall not be set in advance, but shall be set in consultation between the intermediary and the intermediary of this case.

C. The plaintiff is the plaintiff's intermediary leader, and the defendant is the intermediary leader of the article 1, 2, and 5.

The Plaintiff transferred 34 million won to the Defendant via a bank account.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2, Eul witness C's testimony, witness D, and E's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the plaintiff paid the 35th advance payment to the defendant, and that the defendant refused to pay the 36th advance payment around July 5, 2014. The plaintiff asserts that the plaintiff is liable to pay 4.9 million won and damages for delay, deducting 1 million won from the 50 million final successful bidder in the present field, to the plaintiff who is the final successful bidder in the present field.

In regard to this, the defendant shall receive the fraternity within 30 times at the time of the establishment of the instant fraternity, and 31-36 times at the time of the establishment of the said fraternity.

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