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(영문) 의정부지방법원 2013.02.15 2012가단13491
정산금
Text

1. The Plaintiff (Counterclaim Defendant) pays KRW 33,600,000 to the Defendant (Counterclaim Plaintiff).

2. The principal lawsuit of the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 4 to 12, and Eul evidence No. 2 to 4:

The plaintiff and the defendant are merchants engaged in funeral services in the C Station underground shopping districts and operated a successful bid system for a long time, and the plaintiff participated in the successful bid system operated by the defendant and paid the fraternity as a fraternity and passed the fraternity.

The award system operated by the defendant was to pay a certain amount of KRW 50,000 or KRW 100,000 each day by the fraternity, and to prepare a register of days, one person per month has been awarded a successful bid.

B. (1) From October 26, 2010 to February 17, 2012, the Plaintiff subscribed to the bid price of KRW 50,000 for the total amount of KRW 24,00,000 (hereinafter “A”) and received KRW 19,80,000 on December 25, 2010; (2) from February 11, 201 to June 2, 201, the Plaintiff subscribed to the bid price of KRW 50,000 for the total amount of KRW 20,000, KRW 24,000, KRW 20,000 for the total amount of KRW 20,000 for the 20,000, KRW 10,000 for the 20,000,000 for the 20,000,000 for the 10,010,000 for the 20,010.

However, on August 201, 201, the Plaintiff found the Defendant and displayed the relevant account books by asserting that all of the aforementioned A, B, C, and D were paid in advance before the completion date. After verifying this, the Defendant confirmed that the said four successful bid amounts against the Plaintiff were terminated, and discarded the said four-day account books.

C. The plaintiff and the plaintiff.

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