(영문) 창원지방법원 2017.12.14 2016가단113378

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(영문) 창원지방법원 2017.12.14 2016가단113378

부당이득금

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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 16,015,00 as well as the full payment from June 16, 2016.

Reasons

1. Determination on the main claim

A. The Plaintiff’s assertion 1) Plaintiff’s assertion: (a) the Plaintiff organized the 21 co-payment system; (b) the payment method is 20 times in total; (c) the payment method is 500,000 won per month before the receipt of the fraternity; and (d) the payment method is not made in the month when the fraternity is received; and (e) the payment method is 60,000 won per month after the receipt of the fraternity.

② On June 30, 2014, the Plaintiff organized the said system (hereinafter “11 system”) and the Defendant joined the said system as a member of the said system on the same day and received the said system around October 2014, the Defendant is liable to pay the Plaintiff unpaid KRW 600,000.

③ On February 28, 2015, the Plaintiff organized the said system (hereinafter referred to as “12 system”) and the Defendant joined the said system as a member of the said system on the same day and received the said system around April 2015, the Defendant is obligated to pay 5,400,000 won (=60,000 won x 9 months) unpaid to the Plaintiff.

④ On July 30, 2015, the Plaintiff organized the said system (hereinafter “13 system”) and the Defendant joined the said system as a member of the said system on the same day and received the said system around December 2015, the Defendant is obligated to pay 8,400,000 won unpaid to the Plaintiff from February 2, 2016 to March 2017 (=60,000 won x 14 months).

B) The Defendant’s assertion ① was true that the Defendant joined the said 11 limit, but the Defendant paid the said limit on February 2016. ② There was no fact that the Defendant joined the said limit on 12 occasions and 13 times. (ii) The Defendant did not have any dispute between the parties, and the fact that the Defendant joined the said limit on 11 limits, the Defendant is liable to pay the Plaintiff the said limit on 600,000 won, which was unpaid to the Plaintiff.

The Defendant paid KRW 600,000 in the amount of deposit in February 2, 2016.

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