(영문) 서울중앙지방법원 2015.10.16 2014가단196800

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(영문) 서울중앙지방법원 2015.10.16 2014가단196800

추심금

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1. The defendant shall pay 60 million won to the plaintiff and 20% per annum from September 30, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. C, from May 2004, with the name of “D”, was detained on suspicion of fraud in the course of operating the said fraternity, while organizing and operating a large number of successful bidders and a number of persons with the title of “D” and receiving the fraternitys and paying the fraternitys.

The guidance operated by C was de facto broken down on October 2008, when C is detained.

B. C, when receiving the payment from the fraternity, stated the date of receipt, amount, etc. on the passbook held by the fraternity, and affixed his seal on the confirmation column, and when paying the payment to the fraternity, stated the date of payment, “malin,” or “successful bid” on the passbook in question, and affix his seal on the confirmation column. In the above passbook, it stated that the fraternity may order the fraternity to withdraw from the fraternity in case where the fraternity is deemed to have delayed the payment on more than two occasions, or that the fraternity is necessary for the safety of the fraternity, and the fraternity may receive only the principal paid after the completion of the fraternity.

In addition, the receipt of the fraternity which C receives from the members of the fraternity shall include the contents that C will make monthly payments for the remaining fraternitys without fail.

C. Of the limits organized by C, the Defendant joined the Han River to operate from May 2008 to May 2009 (hereinafter “instant limits”).

The Defendant decided to pay to C the sum of KRW 260 million per month, and KRW 200 million per month for the said 13-month period. Around June 2008, the Defendant received KRW 200 million. The guidance of this case was de facto broken down as of October 2008.

The plaintiff was admitted to the organized limit by C, but it was not allowed to receive the fraternity due to the strike.

C, on April 29, 2009, prepared and executed a notarial deed of a monetary loan agreement of KRW 530 million, stating the phrase of consent to compulsory execution, to the Plaintiff.

A notary public shall make a democratic document of law firm.

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