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(영문) 대구지방법원 2016.07.20 2015나18860
계금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money that orders additional payment is revoked.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments by Gap's evidence Nos. 1 and 4 as to the cause of the claim, the plaintiff was paid to 500,000 won each month from 20 members of the fraternity from December 20, 2012 to September 20, 2014 (600,000 won each month after the receipt of the fraternity) and operated the fraternity by paying 10,000,000 won and interest (hereinafter "the instant fraternity"); Eul joined the instant fraternity and received 10,40,000 won in total from the plaintiff on May 31, 2013; and the defendant may recognize the fact that he received 10,40,000 won in joint and several surety obligations after the receipt of the fraternity from C on May 31, 2013.

The Plaintiff received 2,50,000 won (=50,000 won x 5 months) in total from December 20, 2012 to April 20, 2012 prior to the receipt of the fraternity from C and the Defendant, and directly recognized the fact that he/she received KRW 1,080,000 in total as the fraternity from November 1, 2014 to June 18, 2015 after the receipt of the fraternity.

Therefore, barring special circumstances, the defendant (C) shall pay the remainder to the plaintiff 6,120,00 won (=7,20,000 won (60,000 won x 12 months x 12 months) in total from October 20, 2013 to September 20, 2014) and the part cited by the judgment of the court of first instance as to 2,094,280 won in which the original copy of the payment order of this case is served after the date following the date of the payment order of this case which the plaintiff seeks from August 22, 2015, where it is deemed reasonable to claim as to the existence or scope of the defendant's obligation to pay the remainder from August 26, 2015 to September 20, 2014; however, the plaintiff shall be 5% of the annual interest rate prescribed by the Civil Act from the next day of the judgment of first instance as to the promotion of litigation, etc., as to the damages for delay by the plaintiff 15%.

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