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(영문) 서울동부지방법원 2018.09.06 2016가단10729
계금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 10,00,000, and the annual rate of KRW 15% from April 8, 2016 to the full payment.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence, evidence Nos. 1, 4, 6, 7, 8, 12, and Eul evidence No. 4 (including additional numbers), and the entire purport of the pleadings:

On March 4, 2014, the Plaintiff lent KRW 10,000,000 to the Defendant at the rate of 2.5% per month.

(hereinafter referred to as the “instant loan”) B.

On March 2014, except for the month in which members receive fraternitys, the Plaintiff organized the sequences of 21 units, which provide that the fraternitys and interest (150,000 won per month after the receipt of fraternitys) shall be paid in 1,00,000 won per month for 21 months, and operated the said fraternity (hereinafter referred to as “instant fraternity”) from March 25, 2014 to November 25, 2015.

C. The Defendant agreed to join the 3,9,10 and 11 of the instant accounts, but did not pay the fraternity by himself, and had C pay the fraternity by himself, and had C notify the Plaintiff of the financial account and pay the fraternity to the said account.

(2) The Defendant paid 800,000 won to the Plaintiff on March 25, 2014, among the instant 4 accounts from March 2014 to January 2015, 2015, the remainder of the said 800,000 won, excluding the said 800,000 won, to the Plaintiff.

In addition, the Plaintiff paid the fraternity over four occasions on May 2014, 11 of the same year, 12 of the same year, and January 4, 2015. Of the limit money paid in May 2014, the Plaintiff only remitted only 6,000,000 won to the Defendant’s financial account and remitted the remainder to C’s financial account.

However, when paying a fraternity on November 2014, the Defendant paid C the balance after deducting KRW 800,000 from the Defendant’s interest obligation on the instant loan, and the said amount was paid on December 2014.

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