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Reasons
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(영문) 서울동부지방법원 2016.04.29 2015가단1643
계금 반환
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1. The defendant

(a) KRW 15.3 million and for this, 20% per annum from January 24, 2015 to September 30, 2015;

Reasons

1. Facts without dispute;

A. On January 19, 2009, the first and the loan Plaintiff subscribed to the debt system operated by the Defendant to receive the principal amounting to KRW 60 million and interest amounting to KRW 73,200,000 on June 21, 201. On the same day, the Plaintiff agreed to receive interest amounting to KRW 300,000 per month from the Defendant until the repayment date.

B. From August 20, 201 to August 20, 2014, the Defendant organized the 3 million won per month from August 20, 2011 to August 20, 2014, and the 3.9 billion won per month from the date of receipt of the guidance, including interest, to the 3.9 million won per month. The Plaintiff joined the 0.5 unit in the 2nd unit, and the scheduled date of receipt of the guidance was July 20, 2014. The Plaintiff paid 1.5 million won in the 2nd unit to the 34th unit from August 20, 2011 to June 19, 2014 (the 3.5 million won in the loan, and the 3.5 million won in the loan).

3 Around July 22, 2014, around July 23, 2014, the Defendant paid to the Plaintiff KRW 50 million as an fraternity, and KRW 2.65 million as an fraternity on August 18, 2014, respectively.

C. The Plaintiff and the Defendant did not conclude a separate settlement agreement at the time of strike.

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff paid KRW 51 million to the second quarter of May 2014, until June 19, 2014. The Plaintiff’s obligation to pay the entire amount of the deposit when 1950,000 won principal and interest are paid once in the following month from the date of receipt of the deposit. Therefore, the Plaintiff’s payment of the deposit principal to be paid by the Defendant on the date of receipt of the deposit amount is KRW 54,00,00. The Defendant paid KRW 50,000,000,000, which is the following month after deducting KRW 195,000,000 for the last principal and interest from KRW 4,000,000,000 for the unpaid principal and KRW 4,000,000 for July 18, 2014 and KRW 63,50,000,000 for interest on KRW 30,514.

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