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(영문) 전주지방법원 2019.12.06 2018나9916
기타(금전)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. On August 15, 2015, the Plaintiff organized the system (number of 21 units; hereinafter “instant system”) by which an advance payment is made on the 15th day of each month in accordance with the sequence of order around August 15, 2015, and the Defendant subscribed to the three and ten old accounts of the instant system.

Although the Plaintiff paid the entire amount to the Defendant under the instant mutual agreement, the Defendant did not pay the total amount of KRW 19,900,000 for the said two old accounts from August 15, 2016 to April 15, 2017 (i.e., the unpaid amount of KRW 200,000 for July 15, 2016 (i.e., the unpaid amount of KRW 500,000 for the portion on August 15, 2016) from September 15, 2016 to April 15, 2017.

Therefore, the defendant is liable to pay 19,900,000 won and damages for delay, which are unpaid to the plaintiff.

2. Comprehensively taking account of the respective descriptions and arguments as to Gap evidence Nos. 1 through 3, the fact that the defendant joined the instant fraternity organized by the plaintiff as 3,10 old accounts, and the plaintiff paid 20,200,000 old accounts as of October 3, 2015 (i.e., cash transfer 9,000,000 won) and 21,60,000 old accounts as of May 10, 2016 (i.e., account transfer 10,200,000 won x 00 won x 11,40,000 won x 20,000 won x 10,00 won x 20,000 won x 11,50,000 won x 9,000 won x 205,000 won x 9,005,000 won x 9,2016.

Therefore, the Defendant’s total amount of KRW 19,900,000 (i.e., the unpaid amount of KRW 200,000 on July 15, 2016) that was unpaid to the Plaintiff (i.e., the unpaid amount of KRW 500,000 on August 15, 2016, and the unpaid amount of KRW 19,200 on September 15, 2016 to April 15, 2017), as sought by the Plaintiff, shall be repaid from July 5, 2018, following the delivery date of a copy of the instant complaint.

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