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(영문) 전주지방법원남원지원 2020.08.12 2019가단11136
손해배상(기)
Text

The Defendants: (a) Defendant B, from July 25, 2019, with respect to KRW 49.6 million to each Plaintiff; and (b) Defendant D, with respect to December 19, 2019.

Reasons

1. Basic facts

A. A. Around November 2017, Defendant D recommended the Plaintiff to join the fraternity by deeming that the Plaintiff would operate the fraternity as a joint owner with Defendant B.

At the time, Defendant B did not deny the above words of Defendant D in the same place.

The Plaintiff joined one unit (20 old units) among the limits referred to by Defendant D (hereinafter “instant limits”) in the said solicitation by the Defendants.

B. The instant accounts were composed of 26 old units. From November 13, 2017 to December 13, 2019, the amount of KRW 1.2 million prior to the receipt of the old-ranking pension for the first unit, KRW 1.5 million after the receipt of the rank pension (in the case of the former unit, 1.2 million after the receipt of the rank pension), and the amount of KRW 1.5 million after the receipt of the rank pension was operated by the method of receiving the rank pension according to the sequence.

C. Upon receiving the request of Defendant D or Defendant B to succeed to one’s own account by succession from the Party E who joined the instant accounts 9, the Plaintiff paid the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment to E, under the consent of Defendant D or Defendant B.

By April 13, 2019, the Plaintiff paid the Defendants all the deposit money of the instant fraternity.

E. The instant fraternity was no longer operated since April 13, 2019, and the Plaintiff did not receive a rank installment from the instant fraternity.

[Reasons for Recognition] Facts without dispute, Gap 1, 3, and 4 statements, witness F's testimony, the purport of the whole pleadings

2. Assertion and determination

A. The legal basis of the judgment on the cause of the claim (main cause of claim) is, even if the money is a benefit, the purpose and method of organizing it, the method of paying the benefit, the method of paying the benefit before and after the payment, the relationship between the guidance and the guidance or the guidance, or the relationship between the guidance and the guidance or the guidance, or between the guidance and the guidance, and other issues, depending on the legal nature different from the partnership agreement or the loan for consumption or the non-exclusive contract.

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