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(영문) 인천지방법원 2015.12.30 2015가단31048
계금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts recognized;

A. On August 22, 2013, the Defendant organized the ruptures of KRW 20 million and KRW 21 in the number of old accounts. The ruptures were paid KRW 1 million per month before receiving the ruptures from August 22, 2013 to April 2015, and KRW 1.2 million per month after receiving the ruptures from August 2013 to April 2015, and C subscribed to the Defendant as the guidance of the Plaintiff at the time.

B. C paid KRW 2 million to the Defendant on September 23, 2013, and thereafter, the Plaintiff paid all the amount to the Defendant.

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

2. The plaintiff's assertion and judgment

A. The plaintiff asserts that since the plaintiff paid the remainder of the fraternity except for 2 million won, the defendant is liable to pay to the plaintiff the remainder after deducting 2 million won paid by C from the fraternity.

B. However, the Plaintiff cannot be deemed to have the right to claim the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the deposit to which C was admitted, and there is no evidence to deem that the status of the fraternity C was transferred to the Plaintiff. Therefore

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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