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(영문) 서울북부지방법원 2018.09.04 2017나3398
계금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The facts following the facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1, the testimony of the witness of the first instance trial C and the whole purport of the pleadings.

On March 11, 2014, the Plaintiff organized a successful bid system (hereinafter referred to as “instant successful bid system”) with the total number of 20 persons, 50 Gu units, 20 million won per Gu unit, 40,000 won per month, 40,000 won per Gu unit, and the end of May 11, 2018.

B. The defendant is a member who has joined two of the above successful bidders.

C. The award price of this case is determined as the total amount of money calculated by multiplying the total number of units by the one-time payment, and the successful bidder who won the bid on the date of each month shall receive the successful bidder, but the successful bidder shall not pay the prize during the awarded month, and 50,000 won per unit after the successful bidder received the successful tender was operated by the method of paying the monthly payment.

2. The assertion and judgment

A. The gist of the parties’ assertion 1) The Defendant subscribed to two of the instant successful bid accounts, and received each of the successful bid amounts of KRW 2,120,000,000,000 from January 11, 2015, and KRW 2,400,000 from September 11, 2015. However, the Defendant, on behalf of the Plaintiff, did not pay the said KRW 1.1 million from May 11, 2016, and KRW 7,400,000 from August 11, 2016 to November 11, 2016, did not pay the said KRW 6,20,000 in total (i.e., KRW 1., KRW 7,000,000,000 from August 11, 2016 to KRW 15,000,000,000 from the date of the instant initial tender payment to the Plaintiff.

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