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Reasons
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(영문) 전주지방법원 2015.06.09 2014가단13558
계금 등
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1. The Defendant (Counterclaim Plaintiff) paid KRW 9,838,00 to the Plaintiff (Counterclaim Defendant) for KRW 9,838,00 and for this, from May 22, 2013 to June 9, 2015.

Reasons

A. We examine the principal lawsuit and the counterclaim together.

1. Facts of recognition;

A. On July 22, 2011, the Defendant organized the number system of KRW 30 million with the following content (hereinafter “instant system”).

* There is 31 fraternitys and 31 fraternitys: 1 million won per month before the receipt of the fraternity, 1270,000 won per month after the receipt of the fraternitys, and 1270,000 won per month after the receipt of the fraternitys. * Period from July 22, 2011 to January 22, 2014 * The fraternitys received the fraternitys shall pay 100,000 won as the meal costs.

2) The Plaintiff joined the old unit under the supervision of the instant fraternity * The old unit No. 9: The date of receipt of the fraternity : March 22, 2012; the fraternity 31,890,000 won to be received; * the old unit No. 21: March 22, 2013; 35,130,000 won to be received; * 1/3 of the old unit No. 23: the fraternity 11,890,000 won to be received on May 22, 2013 (=35,670,000 won) to be collected on May 22, 2013.

B. Meanwhile, the Defendant, on September 2, 200, lent to the Plaintiff KRW 350,000 per month interest rate, KRW 350,000 per annum, KRW 50,000 per annum on November 2, 2009, and KRW 24% per annum on September 22, 2011, and the due date on March 22, 2012.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 3 through 5, the purport of whole pleading

2. Determination

A. According to the above facts, in the instant case where there are no circumstances to deem that the instant accounts were terminated halfway due to the termination, etc., barring any special circumstances, the Defendant is obligated to pay the Plaintiff the remainder of KRW 3,423,00 (=31,890,000 – KRW 28,467,000; KRW 28,467,000; KRW 235,130,000; KRW 11,890,000; KRW 235,00; KRW 11,890,000; and KRW 1/30,000; KRW 30,000; KRW 31,467,00; KRW 30,000; KRW 31,30,000; KRW 30,000; KRW 303,30,301,305,000; and damages for delay on the previous accounts).

B. The defendant's defense and the defendant.

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