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(영문) 서울북부지방법원 2017.08.22 2016가단39757
계금
Text

1. The defendant shall be the plaintiff.

(a) 6,200,000 won and 15% per annum from November 30, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On March 11, 2014, the Plaintiff organized the 20 fraternity, 50 old unit, 20 million won per old unit, 40,000 won per month, 40,000 won per month, and the winning bid for the end of May 11, 2018 (hereinafter “instant winning contract”). The Defendant is a member who has joined two preceding winning contracts.

B. The award price of this case is determined as the total amount of money calculated by multiplying the total number of units by the one-time payment, and the successful bid price shall be received by the members who won the successful bid on the date of each month, but the successful bid price shall not be paid during the awarded month, and after the successful bid was awarded, it was operated by the method of paying the monthly payment of KRW 50,000 per unit.

C. The Defendant received the successful bid payment of KRW 110,00,000 from the instant successful bidder on January 11, 2015, and after receiving the successful bid payment of KRW 2.4 million on September 11, 2015, paid up to April 11, 2016, and paid up KRW 1.1 million on May 11, 2016, and KRW 7,000,000 and KRW 4.4,20,000 on July 11, 2016, from August 11, 2016 to November 11, 2016, and did not pay up to the present day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 [the defendant's evidence Nos. 3 (Receipt) is proved to be forged, so the court can judge the same kind of written evidence and seal impressions as a result of appraisal without any need to determine the sameness of written evidence and seal impressions (the Supreme Court Decision 95Da38240 delivered on December 12, 1997), Eul evidence Nos. 1-1, 2, and 7, and the defendant's written evidence Nos. 3 are deemed to coincide with the defendant's written evidence Nos. 1-2, and 7, and there is no other evidence to acknowledge the defendant's above defense, and there is no other evidence to acknowledge the defendant's defense).

2. According to the above facts of determination as to the cause of the claim, the Defendant is 6.2 million won and 6.2 million won of the unpaid deposit amount to the Plaintiff until November 11, 2016.

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