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1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.
Reasons
1. The court of first instance partially accepted the Plaintiff’s claim on the principal lawsuit and dismissed the Defendant’s claim on the counterclaim. Accordingly, the Plaintiff and the Defendant appealed only the part against each party among the part on the principal lawsuit of the court of first instance, and the Defendant did not appeal the part on the counterclaim. Therefore, the scope of the judgment of this court is limited to the part on the principal lawsuit.
2. The part concerning the claim for the fraternity in the principal lawsuit
A. Facts 1) The Plaintiff was a member of 20 or more of the several fraternitys that the Defendant operated as a main fraternity. 2) On April 14, 2014, the Plaintiff joined each of the fraternitys organized by the Defendant (hereinafter referred to as “each of the instant maps”) on the sequences of KRW 5 million (hereinafter referred to as “the sequences of April 14, 2014”), and on June 16, 2014 (hereinafter referred to as “the sequences of KRW 3 million established by the Defendant on June 16, 2014”). The Plaintiff joined each of the instant maps in combination with the fraternity on April 14, 2014.
3) As of April 14, 2014 of this case, the fraternity was KRW 5 million (However, with respect to the previous accounts Nos. 4 through 13, interest rates shall be added), KRW 13 times a week, maturity shall be 13 times a week, period from April 14, 2014 to July 7, 2014; KRW 420,000 per one unit before the receipt of the fraternity; and KRW 490,00 per one unit after the receipt of the fraternity; 4.4 times a payment period from June 16, 2014 to KRW 3 million (Provided, That with respect to the previous accounts No. 4 through 13, the interest rates shall be added pursuant to the separate special interest rates); KRW 15,00,000 per share; and KRW 130,000 per share from April 14, 2014 to KRW 25,016.
5 All the accounts of this case are operated in the way that the owner of the fraternity receives the fraternity money once, and the fraternity money is not paid only once. They are operated in the way that the defendant pays money equivalent to 1% of the fraternity money as operating expenses to the defendant, and each fraternity is operated in the way that the defendant pays money equivalent to 1% of the fraternity money as operating expenses.