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(영문) 인천지방법원 2017.11.08 2016가단232978
부당이득반환
Text

1. Plaintiff A; Defendant E from June 30, 2017; Defendant F from June 30, 2017; Defendant F from 10,079,560 won; and this.

Reasons

1. Basic facts

A. On May 2015, the Plaintiffs, the Defendants, and I knew of each other in the same region, and collected membership fees once a month for the purpose of friendship, and formed an 21 unit of the old 21 unit of money (hereinafter “the instant rupture”) in order to prepare a mutual friendly money (hereinafter “the instant rupture”), and Defendant E was expected to take charge of the friendly share.

B. The detailed details of the instant sequence are as follows.

1. Payment limit: 1,00,000 won per month, and for 1,20,000 won per month from the next vehicle to the person who has received the fraternity from the relevant vehicle, the person who is to receive the fraternity shall be exempted from the payment for the said vehicle from the next vehicle to the next one, and for 1,00,000 won per month for 1,20,000 won for 1,200 won for 1,200 won for 1,200 won for 1,000 won for 1,000 won for 2,000 won

(b) Monetary reserve: 20,000 won per unit, and 200,000,000 won per unit from the fourth quarter (4 times, 20,200,000 won per unit, 20,400,000 won per five times, 20,40,600 won per six times, and 20,60,000 won per six times, etc.): The time of holding the first time from the end of May 2015 to the first time per month;

C. The instant system was normally operated from May 2015 to May 13, 2016. However, the instant system was set up around 14 times held on June 30, 2016 by Defendant E, who received fraternity payments from most of the members of the 14th accounts, and was temporarily set up without paying the Plaintiff for the next 14 occasions.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The assertion and judgment

A. The instant sequence 1, which has the nature of an association under the Civil Act asserted by the Plaintiffs, was temporarily set up at 14 times around June 2016 by Defendant E, a leading owner, without paying the fraternity. The Plaintiff incurred KRW 42,00,000 in the deposit amount of three books (14,15, and 18), KRW 14,00,00 in the deposit amount of one unit (19), and KRW 13,00,000 in the deposit amount of one unit (17), and KRW 13,00,000 in the Plaintiff C in the deposit amount of one unit (17), and KRW 21 in the Plaintiff D in the deposit amount (20,21, and KRW 28,000 in the deposit amount).

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