(영문) 춘천지방법원강릉지원 2015.06.10 2014가단7311

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(영문) 춘천지방법원강릉지원 2015.06.10 2014가단7311

계금

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1. Defendant B shall pay to the Plaintiff KRW 52.1 million and the interest rate of KRW 20% per annum from November 5, 2014 to the day of complete payment.

Reasons

1. Plaintiff’s claim against Defendant B

A. The facts of recognition (1) Defendant B was a member of the fraternity who joined the sequences (20 million won per unit) operated by the Plaintiff as a fraternity.

(2) Defendant B received the total amount of KRW 80 million including KRW 20 million around May 15, 2010, KRW 20 million (No. 3), KRW 20 million around July 28, 2010 (No. 1), KRW 20 million around October 22, 2010 (No. 4), and KRW 20 million around December 5, 2010 (No. 1), and KRW 20 million (No. 1) around December 5, 2010. As such, Defendant B received the total amount of KRW 50,000,000,000 from the Plaintiff as the principal.

[Ground of recognition] Facts without dispute, Gap 1, 2 (including paper numbers), the purport of the whole pleadings

B. According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff the amount of KRW 52,100,000,000,000, which is unpaid to the Plaintiff and the damages for delay calculated from November 5, 2014, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff after the payment date.

C. According to the theory of lawsuit, the plaintiff's claim for this part is justified.

2. Plaintiff’s claim against Defendant C

A. The Plaintiff’s assertion (1) also Defendant C, who is his father and wife of Defendant B, received KRW 20 million around July 28, 2010 from the Plaintiff as a member of the fraternity that joined the said fraternity, and Defendant B jointly and severally guaranteed the obligation to pay the fraternity to the said fraternity.

(2) However, Defendant C did not pay KRW 12,80,000,000,000,000 for the said accounts.

(3) Accordingly, Defendant C is jointly and severally liable to pay the Plaintiff the unpaid amount of KRW 12.8 million to the Plaintiff.

B. (1) It is not sufficient to acknowledge the fact that Defendant C was an instructor who joined the sequences operated by the Plaintiff solely on the basis of each of the items of evidence Nos. 1-4 and evidence Nos. 4-3, and there is no other evidence to acknowledge it.

Rather, according to the statement No. 1-4 of the evidence No. 1-4, Defendant B as a leader.

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