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(영문) 서울서부지방법원 2017.07.20 2016나2257
계금
Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of appeal and the costs of appeal shall be considered in the trial.

Reasons

1. Assertion and determination

A. In light of the following facts: (a) the parties concerned have no dispute; (b) the evidence Nos. 2-1, 3, 3, and 1 of the evidence Nos. 2-1, and the purport of the pleadings as a whole; (c) the Defendant organized extracted machines which amounting to KRW 7.2 million, and KRW 300,000 per time, around October 2014 (hereinafter “instant boundaries”); (d) the Plaintiff joined the first unit of the instant fraternity and paid KRW 3,000,000 to the Defendant from that time until July 31, 2015; and (e) the instant fraternity was sold thereafter, and (e) the Defendant returned KRW 50,000 to the Plaintiff on October 6, 2015.

Although the Plaintiff asserts that the deposit amount paid to the Defendant during the above period is KRW 6,00,000,000, the Plaintiff’s argument that the deposit amount is KRW 3,000 and KRW 3,000,000,000, which is recognized as the Plaintiff’s deposit amount, shall not be deemed as the Plaintiff’s deposit amount, and it is difficult to view it as the Plaintiff’s deposit amount as the Plaintiff’s deposit amount, and thus, the Plaintiff’s argument on the payment of deposit amount is rejected.

B. On the other hand, the legal relationship between the fraternity and the fraternity occurred after the strike shall be determined by comprehensively taking into account the terms of the agreement between the fraternity and the fraternity according to the nature of the fraternity, the forms of operation of the fraternity, and the relationship between the fraternity. If the fraternity members join the fraternity only by agreement with the fraternity regardless of any other fraternity members, and the fraternity members are fully responsible for the operation of the fraternity, and if there is no other contractual relationship between the fraternity members, it shall be deemed that one contract between the fraternity and the fraternity is integrated for several accounts. Accordingly, when the fraternity becomes unable to operate the fraternity for any reason, the settlement between the fraternity members and the week shall be in accordance with the agreement between each fraternity and the fraternity.

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