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1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 20, 2012 to February 25, 2013.
Reasons
1. Basic facts
A. On April 17, 2008, the Defendant organized the sequences as set forth below (hereinafter referred to as the “instant sequences”), and the Plaintiff joined the said 2nd unit under the name of the Plaintiff himself and Nonparty C, who is the Plaintiff’s children.
<아 래> ◎ 구좌수 : 51구좌 ◎ 1구좌 당 월 계불입금 : 계금을 지급받기 전에는 월 400,000원, 계금을 지급받은 후에는 월 500,000원(다만, 계주는 첫 번째로 계금을 지급받고 매월 400,000원 납부)
B. From April 2008 to December 20, 2010, the Plaintiff paid KRW 800,000 per month to the Defendant, who is the owner of the instant accounts, over 33 occasions.
Therefore, on January 201, 201, the month in which the Plaintiff joined the account, the Defendant paid KRW 23,600,000 to the Plaintiff, which was the month in which the Plaintiff received the fraternity money in the name of the Plaintiff, but failed to pay it.
Accordingly, from January 201, the Plaintiff did not pay the Plaintiff’s deposit money under the name of the Plaintiff to the Defendant, and paid only the deposit money of the old account in the name of C, and paid up up up to 51 times with respect to the old account in the name of C.
C. On July 19, 2012, the Defendant paid KRW 15,000,000 to the Plaintiff regarding the instant order of priority.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant, as the owner of the title, is obligated to pay to the Plaintiff the remainder of the amount calculated by deducting the Plaintiff’s total sum of KRW 8,900,000 from the total amount of KRW 23,600,000 that the Plaintiff shall pay to the Plaintiff under the conditions as agreed with the Plaintiff in relation to the old account in the name of the Plaintiff, and the remainder of KRW 14,70,000 from the total amount of KRW 25,30,000 from the total amount of KRW 40,000,000 from the total amount of KRW 15,00,000, which the Defendant shall pay to the Plaintiff under the conditions as agreed with the Plaintiff in relation to the old account in the name of the Plaintiff, and damages for delay.
(b).