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Reasons
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(영문) 전주지방법원 2018.10.25 2016나1963
보증채무금
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1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 9,000,000 and its relation thereto to the Plaintiff from January 1, 2013 to October 1, 2018.

Reasons

1. Summary of the parties' arguments;

A. On November 24, 2010, the Plaintiff organized the number fraternity of KRW 30,000,000, monthly payment of KRW 1,500,000, and KRW 26 on the old account (hereinafter “instant number fraternity”). The Defendant’s mother C joined the instant number fraternity No. 5 and 7 on the same day.

C On May 24, 2011, the Plaintiff received KRW 31,500,000 from the Plaintiff on July 7, 201, and the Defendant on the same day guaranteed the Plaintiff the obligation to pay the future fraternity upon the receipt of the fraternity.

Since C did not pay KRW 9,00,000,000 for the deposit, the Defendant, which guaranteed C’s deposit obligation, shall pay KRW 9,000,000 to the Plaintiff.

B. Defendant A’s evidence Nos. 1 (S.C.) was prepared in advance before it actually receives the fraternity money, and C received only KRW 8,530,000 from the Plaintiff on May 24, 2011, it asserts that, rather, the Plaintiff is obligated to pay the fraternity money unpaid to C.

2. Basic facts

A. On November 24, 2010, the Plaintiff organized the number system consisting of KRW 30,000,000, monthly payment of KRW 1,500,000, and KRW 26 in the old account. C joined the number system No. 5 and 7 in the instant number system.

B. In relation to the method of operating the number fraternity of this case, the members of the number fraternity of this case shall pay KRW 1,200,000 per month prior to the receipt of the fraternity, and thereafter, KRW 1,50,000,000 plus interest of KRW 300,000 per month after the receipt of the fraternity, and not pay the fraternity in the month of receiving the fraternity, and the amount shall be paid by adding KRW 30,000,000 to the interest of KRW 30,000,000 which was additionally paid by the persons who have already received the fraternity (except for the first day per month).

C. The instant number system was dispatched before December 24, 2012.

[Ground of recognition] Facts without dispute, purport of whole pleading

3. The legal nature of the identification number system of this case and the guidance of settlement relations are as follows: the purpose and method of organizing the money, even if it is a benefit.

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