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(영문) 서울동부지방법원 2020.01.17 2019나20438
각서금
Text

1. Defendant who exceeds the following amount among the part against Plaintiff A in the judgment of the first instance.

Reasons

1. Facts of recognition;

A. The defendant is a person who organized and operated a large number of fraternitys, and the plaintiff A is a person who joined the fraternity operated by the defendant and paid the fraternity money. The plaintiff B is a child of the plaintiff A, who joined the fraternity operated by the defendant with the introduction of the plaintiff A and paid the payment.

B. Plaintiff A paid 2,230,000 won (85,000 won x 26 times) in aggregate from June 4, 2013 to June 25, 2015 (85,000 won x 26 times) in the limit organized and operated by the Defendant; 30,000,000 won (1,710,000 won x 855,000 won x 205,00 won x 25,000 won in total; 23,940,000 won in total from June 13, 2014 to June 15, 2015 x 205,505 won in each of the accounts (20,500 won in total) in 20,505,500 won in total to the Defendant.

C. Plaintiff B deposited KRW 22,230,000 ( KRW 855,000 x 26) in the Defendant’s account from May 21, 2013 to June 20, 2015 and paid the Defendant a sum of KRW 22,230,000 ( KRW 85,000 x 26) among the limits organized and operated by the Defendant.

On September 11, 2015, the defendant made it difficult for the defendant to pay the fraternitys. On September 11, 2015, the defendant made up to the plaintiffs a statement of agreement and a statement of payment with the purport that the sum of KRW 87,230,000 among the total sum of KRW 174,420,000 and KRW 22,230,000 among the total sum of KRW 174,210,00 and KRW 3,500,000 of this funds will be the sum of KRW 25,730,000 (hereinafter “each of the instant statements”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition as to the plaintiffs' claims, the defendant, barring any special circumstance, shall be KRW 2,000,000,000 where the plaintiff A was paid at KRW 87,210,000, respectively.

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