Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff, on April 2, 2003, operated the successful bid system in the way that the plaintiff received the total amount of one million won per month from the members of the fraternity and paid the successful bidder as the successful bid amount. The defendants received the successful bid amount for each one unit on April 2, 2003 from the members of the successful bid system and received the successful bid amount for the same year. The defendants received the successful bid amount for each unit on April 2, 2003.
5.2 Even though each of the 38 million won was received as an advance payment, the Plaintiff did not pay all the advance payment after April 3, 2004. Thus, the Plaintiff is obligated to pay 38 million won, which is a part of the unpaid advance payment.
However, it is insufficient to recognize the fact that the Defendants received the successful bid amount of KRW 38 million from the Plaintiff on May 2, 2004 only with the written evidence submitted by the Plaintiff, and there is no other evidence to acknowledge it. Even according to the Plaintiff’s assertion itself, the above successful bid amount organized by the Plaintiff reached the strike around April 2004. Therefore, it is difficult to readily conclude that the Defendants are liable to pay the said advance payment as asserted by the Plaintiff even if they were the successful bid members.
2. Conclusion, the plaintiff's claim against the defendants of this case is dismissed in its entirety on the grounds that it is without merit. It is so decided as per Disposition.