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Reasons
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(영문) 인천지방법원 2017.05.17 2016나9841
계금
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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. From January 2013 to September 2014, the Plaintiff organized the 21st unit (hereinafter “instant unit”). The deposit amount per unit is KRW 500,000 per month, and the deposit amount is KRW 600,000 per month (the deposit amount shall not be paid on the other date of the deposit amount) after coaling until it reaches the deposit amount. The deposit amount is KRW 10,000,000 per month.

B. The instant accounts Nos. 4 and 5 were in the name of the Defendant. From January 14, 2013 to March 14, 2013, the Plaintiff’s account under the name of the Defendant was deposited KRW 1,000,000 per month (=50,000 x 2) in the name of the Defendant, and June 14, 2013 and July 15, 2013 (=60,000 x 2) respectively.

In addition, from the account under the name of the Plaintiff, KRW 9,700,000 was deposited in the national bank account under the name of the Defendant (Account Number C, hereinafter “instant account”) from April 15, 2013, and May 15, 2013.

C. Meanwhile, the Plaintiff only allowed the Defendant to join the instant fraternity with the introduction of D, who joined the instant fraternity No. 1, and did not know the Defendant, and did not directly contact the Defendant.

D paid KRW 8,535,00 to the Plaintiff out of the remainder of the old accounts in the name of the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The parties' assertion

A. The plaintiff's assertion entered the instant accounts Nos. 4 and 5, and the defendant paid a deposit amount of KRW 9,700,000 each over two occasions among the deposit amounts, but did not pay a deposit amount thereafter.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 19,400,000 (= KRW 9,700,000 x 2) the deposit amount paid in the limit and the amount paid in lieu of D, which introduced the Defendant, to the remainder of the deposit amount of KRW 8,265,00 and damages for delay.

B. The defendant's assertion that there was no fact that the defendant either joined the instant fraternity or received the fraternity, and the plaintiff also gather.

E. workplaces operated by E.

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