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The defendant's KRW 43,800,000 to the plaintiff and 5% per annum from April 11, 2018 to July 11, 2019.
Reasons
1. Basic facts
A. On June 10, 2016, the Defendant organized the number system of KRW 100 million per unit and KRW 5 million per month payment (hereinafter “instant system”).
B. The fraternity of this case is the sum of the amount of KRW 5 million paid by the fraternity members prior to the payment of KRW 100,000 per month, if the fraternity members were to receive the fraternity payment, and the amount of KRW 6,000,000,000,000,000 from the following month to the 5,000,000,000,000,000 won, and the amount of the fraternity paid to the fraternity members is the sum of the interest paid by the fraternity members first.
The Plaintiff joined 20 old accounts and 1/10 of the old accounts No. 21, and paid the fraternity.
C. On November 11, 2016, the Plaintiff lent KRW 100 million to C, and on November 16, 2016, the Plaintiff received a promissory note No. 130 million in face value from C, and the Defendant also accompanied at the time of the preparation of the said deed.
C joined the 14th unit of the instant accounts, and paid the Defendant a total of KRW 50 million from June 2016 to February 2, 2017, and April 2017 (i.e., KRW 5 million x 10 times). Since delay in the payment of monthly payments, C paid a total of KRW 20 million from March 2017 and from May 2017 to July 2017 (=5 million x 4 times) on behalf of the Defendant. The Plaintiff paid a total of KRW 30 million from August 2017 to January 2018.
E. The defendant is above C.
The Plaintiff received KRW 5 million out of the total amount of KRW 20 million paid instead of the Plaintiff as described in the paragraph, and on July 12, 2017, the remainder of KRW 15 million was paid by the Plaintiff.
F. The Plaintiff succeeded to C’s 14 unit of the instant fraternity, and changed C’s sequence to 21.
G. The Plaintiff, around January 2018, deducted the principal amount of KRW 118 million from the Defendant around 20 million (=the principal amount of KRW 100,000,000,000,000,000,000,000,000 in the previous accounts Nos. 20 of the instant accounts (=the principal amount of KRW 18,00,000) from the Defendant.