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Reasons
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(영문) 부산지방법원동부지원 2014.11.25 2013가단20160
계금
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1. The Defendants are jointly and severally liable to the Plaintiff for 25,500,000 won and the period from October 23, 2013 to November 25, 2014.

Reasons

1. Facts of recognition;

A. On May 12, 2004, the Defendants subscribed to the Plaintiff’s 20 members of the fraternity (except for the Plaintiff’s share), 30,000,000, one unit of a bank account. The amount of the accounts is KRW 1,50,000 per month, and the amount of the accounts is KRW 1,80,000 per month after the receipt of the accounts.

B. On June 12, 2004, Defendant C received an amount of KRW 30,000,000 from the Plaintiff, which is an owner of the fraternity, and entered into a deed that borrowed KRW 30,000,000 from the Plaintiff in good faith, and Defendant C jointly and severally guaranteed Defendant C’s obligation to pay for the Plaintiff.

Meanwhile, around May 12, 2004, Defendant C paid to the Plaintiff KRW 1,500,000 for the first installment payment. From October 12, 2005, Defendant C paid KRW 1,800,000 each month to the Plaintiff.

C. On November 12, 2004, Defendant B received KRW 28,200,000,000 from the Plaintiff, which was an owner of the fraternity, after deducting KRW 1,800,000,000, which was to be paid on the said date from the fraternity No. 7, and as above, written a deed that borrowed KRW 30,000,000 from the Plaintiff to the Plaintiff with the purport that the amount would be paid in good faith, and Defendant C jointly and severally guaranteed Defendant B’s obligation to pay in good faith to the Plaintiff.

Defendant B paid KRW 50,00,000 to the Plaintiff on February 13, 2006, and KRW 1,000,000 on May 21, 2007.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1 and 3 (including virtual number), and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendants are recorded on the following day of the delivery date of the copy of the complaint in this case, as sought by the plaintiff, jointly and severally, at KRW 25,500,000 (=1,800,000 x 1,800,000 on the remaining two occasions x 13 times x 500,000 - 1,000 - 1,000,000) and as requested by the plaintiff.

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