1. The Defendant’s KRW 20,900,000 as well as the annual rate of KRW 5% from July 6, 2016 to September 5, 2017 to the Plaintiff.

1. Basic facts

A. On December 1, 2014, the Defendant: (a) paid KRW 1,00,000 per month for a police officer among the police officers, and (b) organized the number fraternity consisting of 17 old units in total from December 19, 2014 to April 19, 2016 (hereinafter “instant fraternity”).

B. The Plaintiff joined the 2nd unit in the instant fraternity.

C. The instant fraternity was transferred around November 19, 2015 when the Plaintiff was unable to receive the fraternity.

On April 26, 2017, the Defendant was sentenced to a suspended sentence of one year for six months due to the criminal facts, such as obtaining a total of 20,410,000 won from the Plaintiff as the deposit money of the instant case, in the Chuncheon District Court’s territorial branch case 2016Kadan160 fraud, etc., and the Defendant is dissatisfied with the said judgment and currently pending the trial of the appellate court.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4, Gap evidence 14, Gap evidence 14, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion: (a) from December 21, 2014 to October 21, 2015, the Plaintiff paid KRW 22,400,000 in total to the Defendant as the payment amount of the instant fraternity; and (b) as the interest rate to be received by the Plaintiff is KRW 4,00,000, the Plaintiff is obligated to pay a total of KRW 26,400,000 to the Plaintiff (= KRW 22,400,000) and the damages for delay from October 22, 2015, following the final payment date of the payment amount.

B. In light of the contents, etc. of the instant fraternity, which can be seen by comprehensively taking account of the overall purport of pleadings as to the settlement method of the instant fraternity Nos. 4 and 5, the instant fraternity may be deemed as having the nature of a sort of loan for consumption or other similarless contract between the owner of the instant fraternity and the fraternity. Accordingly, the instant fraternity’s settlement relationship related to the instant fraternity ought to be deemed as having existed individually between the owner of the instant fraternity and the fraternity.

In addition, if the guidance of this case is sold in the middle, the settlement between the members who failed to receive the guidance and the guidance shall be made.