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(영문) 대전지방법원 천안지원 2017.01.18 2015가단106413
계금
Text

1. Defendant B’s KRW 39,417,542 as well as 5% per annum from July 24, 2015 to January 18, 2017, and the following.

Reasons

1. Basic facts

A. Defendant B: (a) around March 19, 2012, around October 25, 2012, and around October 25, 2012, the monthly payment was determined according to the successful bid payment; (b) the successful bidder shall pay KRW 1,00,000 per month during the remainder of the remaining period; and (c) the successful bidder shall receive KRW 30,000,000 for the maturity deposit; and (d) the monthly period is 12:00 hours for the ballot counting; and (e) the monthly amount is 12:0,000 for the ballot counting; and (e) in order of each successful bid award (hereinafter “instant 19,” and “instant 25 days”).

B. The Plaintiff joined the instant 19-day group (CA President No. 13) and the instant 25-day group (BA President No. 7) respectively.

C. The Defendants are married with each other, and Defendant B was transferred the deposit money using the deposit account (EF) in the name of Defendant D.

On September 17, 2012, the Plaintiff issued and delivered a receipt to Defendant B that “the Plaintiff received KRW 31,00,000,000” and “the receipt of the instant case”.

Defendant B remitted KRW 20,700,00 to the deposit account (H bank I) in the name of G as stated in the receipt of the instant case on the same day. G is a member of the JJ in the 15th century. [The fact that there is no dispute over the grounds for recognition, Nos. 1, 2, 1, 2, 1, 2, 10-1, 2, 10-1, 12, 12, 12, 3, and 12, the witness J’s testimony, and the purport of the entire pleadings.

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion 1) as indicated in the separate sheet No. 1 and No. 2, the Plaintiff paid 30,000 won for each of the instant 19 days and the instant 25 days. Defendant B already received 58,00,000 won for each of the instant 19 days accounts paid to the Plaintiff on November 2014 (=30,000,000 won x 2,000 won for each of the instant 19 days accounts (=60,000,000 won - 2,000,000,000 won) on September 17, 2012.

The receipt of the instant case was prepared and delivered after the receipt of the said fraternity.

(b).

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