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(영문) 서울중앙지방법원 2014.12.17 2014가합552643
추심금
Text

1. The defendant shall pay to the plaintiff (appointed party) and the appointed party each corresponding amount listed in the attached Table 2, as well as the corresponding amount.

Reasons

1. Basic facts

A. Since May 2004, C had organized and operated a large number of successful bidders and the number system, and had received fraternity payments from the fraternity members, and had been bound by fraud charges such as receiving fraternity payments from the fraternity members without the intention or ability to pay the fraternity payments around November 2008.

The defendant, as a member of D, joined a number of successful bid and a number of winners who reach a total of 171 units, and all of the patrolmen around October 2008, when C is detained.

B. C entered the date, amount, etc. on the passbook held by the fraternity, and affix his seal on the confirmation column. When paying the fraternity to the fraternity, C stated the date, amount, etc. on the passbook held by the fraternity, and written his/her seal on the confirmation column, and affixed his/her seal on the passbook. However, in the above passbook, if the fraternity delays the payment of the fraternity at least twice or it is deemed necessary for the guidance safety, C may order the fraternity to withdraw from the fraternity, and at the time of withdrawal, the fraternity may only receive the principal paid only after the completion of the fraternity.

In addition, the receipt of the fraternity that C has received from the fraternity shall state that C will pay every month the remaining fraternity payments without fail.

C. At the time of the lower judgment on October 2008, the Defendant did not pay KRW 10,784,950,000 in total as indicated in the attached Table 3 for the limit that had already received the limit money as indicated in the attached Table 3, and paid KRW 5,536,740,00 in total as to the limit that has not received the limit money.

The plaintiff (Appointed Party) and the designated parties (hereinafter collectively referred to as "the plaintiff et al.") have been in the form of Seoul Central District Court No. 2008 tea9246, No. 2008 tea9903, No. 2008 tea9903, No. 2008 tea 104913, No. 2008 tea 105895, and No. 36346.

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