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(영문) 서울남부지방법원 2015.03.06 2013가단217690
계금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Case summary

A. On September 11, 2009, the Plaintiff joined the 60,000 won of the fraternity operated by Defendant B, 1.5 million won prior to the receipt of the fraternity, and 2.1 million won after the receipt of the fraternity, and paid to Defendant B KRW 1.5 million each month from September 11, 2009 to December 13, 2010, and 2.1 million each month from February 11, 201 to March 15, 2012.

(hereinafter “instant No. 1 System”) b.

On July 20, 201, the Plaintiff: (a) purchased one unit of accounts from July 20, 201 to July 20, 201; (b) paid to Defendant B an amount of KRW 3.5 million per month from July 20, 201 to September 20, 2011; (c) paid KRW 3.5 million per month from November 21, 201 to January 22, 201; and (d) paid KRW 3.5 million from January 22, 201 to January 22, 2012; and (e) paid KRW 2.5 million from February 21, 201 to February 21, 2012.

(hereinafter referred to as “the second net order of this case”). [The ground for recognition: the fact that there is no dispute]

2. Assertion and determination

A. The Plaintiff’s assertion that Defendant B did not pay the fraternity to the Plaintiff, and the Plaintiff, at the end of March, 2012, terminated the contract implicitly while filing a complaint with Defendant B.

Even if the declaration of termination is not valid

Even if the rules stipulate that the amount of the accounts already paid may be received at the time of termination of the accounts in the event that the accounts cannot be paid during the course of the accounts, and each of the sequences of this case was all terminated.

On the other hand, Defendant C guaranteed Defendant C’s debt relating to the first order of this case.

Therefore, the Defendants shall jointly and severally return to the Plaintiff the sum total of KRW 53.4 million, and Defendant B shall return the sum total of KRW 23 million, which is the sum of the deposit amounts in the second net fraternity of this case.

B. Considering that there is no dispute between the parties to the determination, or that the following circumstances are comprehensively taken into account: (a) evidence Nos. 3, 7, 8 (the same as evidence Nos. 22), 18, 19, 21, 25, 15, and 19, 15, and 21, the entire arguments, all of which are recognized:

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