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(영문) 서울남부지방법원 2019.01.22 2018가단204026
계금 청구
Text

1. The Defendant’s KRW 33,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 26, 2017 to January 22, 2019.

Reasons

1. Basic facts

A. The defendant is the owner of the household, and the plaintiff is the principal of the defendant's high school and the leader of the fraternity operated by the defendant.

B. Around December 2015, the Plaintiff joined the 30-old ruptures (No. 15, 23, 25) among the 4-old ruptures (No. 15, 23, 25) organized by the Defendant (hereinafter “the instant ruptures”).

C. The Nos. 1 and 2 of the instant fraternity received KRW 15 million as the fraternity, and the amount calculated by adding KRW 100,000 per month to the said fraternity 3 years from the sequence 1 and 600,000 per month. The deposit amount per the previous fraternity that the fraternity is required to pay is KRW 500,000 per month before receiving the fraternity, and KRW 600,000 per month after receiving the fraternity.

Although the Plaintiff received an amount of fraternity No. 15 on February 25, 2017, the Plaintiff was not paid KRW 51.6 million ( KRW 15,71 million on October 25, 2017, KRW 17.2 million on November 25, 2017, KRW 17.2 million on November 25, 2017, and KRW 17.3 million on December 25, 2017).

E. Since the Plaintiff paid the last payment on September 25, 2017, the Plaintiff did not pay the remainder KRW 18.6 million ( KRW 2.1 million on October 25, 2017, KRW 2200,000 on November 25, 2017, KRW 2.3 million on December 25, 2017, and KRW 2.4 million on January 25, 2018 to May 25, 2018).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the claim, the Defendant deducted the Plaintiff from the amount of KRW 51.6 million, which the Plaintiff deducted from the amount of KRW 18.6 million due to the Plaintiff’s claim. However, as seen earlier, the Defendant deducted from the amount of KRW 18.6 million due to the Plaintiff’s failure to receive the accounts (the Plaintiff’s failure to receive the accounts, and thus, should also be calculated as KRW 5.0 million). However, as seen earlier, the amount of the accounts with the obligation to pay is KRW 18.6 million, and thus, deducted from the accounts amount.

From December 26, 2017, which was the date following the 25th payment date, 30 million won, to December 22, 2019, the defendant raised an objection as to the existence and scope of the obligation. This is 5% per annum as stipulated by the Civil Act from January 22, 2019, the date of this decision.

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