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1. The Defendant’s KRW 25,958,451 as well as the Plaintiff’s KRW 5% per annum from September 11, 2014 to November 25, 2015.
Reasons
1. A fact that there is no dispute over a summary of the case: ① On March 10, 2012 and October 25, 2012, the Plaintiff organized the number fraternity (the month in which each fraternity is received is not paid; hereinafter referred to as “10-day fraternity” and “25-day fraternity”) including the Defendant, respectively.
② By November 10, 2013, the 10-day system received KRW 50 million from the fraternity over 21 times, and the Defendant subscribed to KRW 3,230,000 per month deposit.
By November 25, 2013, the 25-day system received KRW 5 million with the fraternity over 14 times until November 25, 2013, and the defendant joined KRW 1,808,000 as the aggregate of monthly payments No. 2 and 4, and No. 8.
③ The Plaintiff did not pay to the Defendant KRW 2,180,00,000 among C’s 10-day fraternitys (No. 10) paid instead by the Defendant on December 10, 2013 (hereinafter “C fraternitys”).
④ Meanwhile, the Defendant lent a total of KRW 25 million to the Plaintiff on September 2012 and October, 2012, and around June 2013, the amount of the principal and interest of the loan was fixed at the rate of KRW 7% per month of KRW 29.8 million to the Plaintiff, but it is recognized as it is the principal and interest of the loan that the Plaintiff is the Plaintiff.
is:
(hereinafter “instant loan”). A summary of the Plaintiff’s assertion: (1) The Defendant did not pay KRW 35,530,000 out of the total amount to be paid, even if having received KRW 50,000,000 from the total amount to be paid.
The defendant is liable to the plaintiff for the remaining 3,350,000 won after deducting 2,180,000 won out of C' from the 10-day deposit amount and 3,530,000 won in relation to the unpaid amount.
② The Defendant received a total of KRW 14,256,00 [20 million - 1,014,000 (2 or 338,000 won agreed to make additional payments x 333 months x 33 months)] - 4,730,00 won (i.e., No. 3 2,652,00 won No. 4 No. 41,687,00 won, No. 881,00 won), but did not pay KRW 8,932,00 out of the total amount of payment to be paid.
The defendant shall be liable for the remaining 3,188,00 won remaining after deducting the amount of KRW 5,744,00 ( KRW 1,014,00,000) that the plaintiff did not pay to the defendant from KRW 8,932,00 for the unpaid amount of KRW 25 days and the unpaid amount of KRW 3,18,00.
③ 2. The loan of this case until June 2013