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(영문) 서울남부지방법원 2018.08.14 2017가단230363
계금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion is a member of the fraternity paid by the plaintiff as a member through Nonparty C to the fraternity operated by the defendant.

The defendant delegated blanks to C with regard to the filling of an instructor, and the plaintiff joined the 30 million won system that commenced on June 20, 2016, which was operated by C, and paid 18 million won for 12 times, which began on June 20, 2016, and paid 14.3 million won for 11 times after joining the 20 million won system beginning on January 7, 2017, which began on January 7, 2017, and paid 50 million won for 7.5 million won for 3 times after joining the 50 million won system beginning on April 3, 2017.

The defendant's each fraternity was operated well by May 2017, but around June 19, 2017, the defendant unilaterally suspended the operation of the fraternity because it was C and it would no longer operate the fraternity.

As long as the Defendant’s accounts have been set up, the Defendant is obligated to pay to the Plaintiff the total sum of KRW 39.8 million paid between them, or is obligated to return the said money as unjust enrichment.

2. As to the above assertion by the Plaintiff, the Defendant did not deny the fact that the Plaintiff was admitted to the fraternity operated by the Defendant, even though there was a fact that the Defendant did not receive the fraternity from the Defendant and did not pay the fraternity.

Considering the overall purport of each statement and argument of Gap evidence Nos. 1 through 7 (including paper numbers), it is recognized that Eul received money from the plaintiff as a deposit money and paid-in money and paid-in money from the plaintiff as a deposit money operated by the defendant, or made the plaintiff pay-in money directly to the defendant's account.

However, in light of the results of the investigation into C with respect to the evidence Nos. 4 through 6 (including additional numbers), the above evidence submitted by the Plaintiff alone is recognized to recognize that the Defendant entrusted the Plaintiff to C with a blank letter concerning the recruitment of the members and joined the Plaintiff as a member of the fraternity.

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