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1. The defendant shall pay 4,305,000 won to the plaintiff and 12% per annum from May 16, 2019 to the day of complete payment.
Reasons
1. Basic facts
A. With the exception of the month in which the Plaintiff receives a total of 16 members of the fraternity, the Plaintiff operated the limit of KRW 690,000 per month and KRW 150,000 per month before receiving the fraternity, and KRW 8,40,000, including interest KRW 150,000 after receiving the fraternity (hereinafter “instant limit”).
B. From July 7, 2017 to October 7, 2018, the Defendant joined the instant map No. 5, and thereafter paid a total of 2.760,000 won (69 million won x 4 months) from July 7, 2017 to October 7, 2017, and received a bonus from the Plaintiff on or around November 2017, and thereafter thereafter, paid the Plaintiff a deposit amount of KRW 2.52 million (84 million x 3 months) in total from March 7, 2018 to October 7, 2018, but did not pay a deposit amount of KRW 6720,00 (84 million x 884 months) in total.
C. In addition, the Defendant, separate from the instant accounts, joined 1/2 shares in the other accounts (hereinafter “a separate accounts”) of which the Plaintiff is the owner, together with C, and paid a total of KRW 2,415,000 (690,000 x 1/2 shares x 7 months) for seven months.
[Judgment of the court below] The ground for recognition is without merit, Gap 1, 3 evidence, Eul 1, and all pleadings.
2. Determination
A. In light of the above facts as to the cause of the claim, the Defendant is liable to pay the Plaintiff the remainder of 4,305,000 won (6720,000 won - 2,415,000 won) and damages for delay, excluding the remainder of 2,415,000 won, as the Plaintiff seeks, from the aggregate of 6,720,000 won unpaid to the Plaintiff.
B. As to the Defendant’s assertion, the Defendant received KRW 10,30,000 from the Plaintiff as the owner of the instant fraternity, but paid KRW 2,760,000,000 in total, and KRW 5,280,000 in total, since it paid in separate fraternitys, the Defendant paid KRW 2,415,00 in total, to the Plaintiff. As such, the Defendant paid the remainder of KRW 2,605,000 in total to the separate fraternitys - KRW 528,00 in total - 2,415.