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1. Defendant B’s KRW 48,600,000 as well as 5% per annum from April 15, 2014 to January 20, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 5, 201, Defendant B subscribed to the number fraternity (24 members of the fraternity, 52 members of the previous unit, 1.2 million won of the monthly payment per unit, 1.5 million won of the monthly payment after the receipt of the fraternity, 500,000 won per month, 500 won of the time limit payment, 500 won of the time limit payment, 500 won of the time limit payment, 500 won of the time limit payment, 5, 12, and 5) organized by the Plaintiff as the guidance owner (hereinafter “instant contract renewal”).
B. From October 5, 2011 to the Plaintiff, Defendant B received KRW 62,10,00 from the Plaintiff on February 5, 2012 as the deposit money of the 5th unit from the Plaintiff. On September 5, 2012, Defendant B received KRW 64,20,000 from the Plaintiff as the deposit money of the 12 unit from the Plaintiff on September 5, 2012, and paid the deposit money of KRW 74,70,000 in total to the Plaintiff by April 5, 2013.
The details of the payment for the three accounts of Defendant B are as shown in the attached Form.
C. Around May 5, 2013, Defendant B notified the Plaintiff that he would no longer pay the fraternity to the Plaintiff, and did not pay the fraternity from that time.
On the other hand, Defendant B was indicted on the charge of “the act of deceiving the Plaintiff without any intent or ability to pay the deposit money and by deceiving the Plaintiff in total 120,63 million won” (Seoul Central District Court 2014Kadan2035 Fraud), and was convicted on November 4, 2014.
(At present, while the appeal is pending). (e)
Defendant B paid KRW 3 million to the Plaintiff, including KRW 400,000,000 on May 20, 2014 and KRW 2.6 million on June 2, 2014.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 13, the purport of whole pleadings
2. Determination as to the claim against the defendant B
A. The Plaintiff’s allegation that the instant contract was terminated on May 5, 2013 by reason of the Defendant’s fault. As such, the Defendant is liable for compensating the Plaintiff for the damages incurred by the Plaintiff, that is,, the Plaintiff’s obligation to pay the Defendant’s fraternity on behalf of the Defendant, and the amount of the damages that the Plaintiff would normally operate.