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(영문) 인천지방법원 2018.11.06 2017가단258007
계금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 10,520,000 to the Plaintiff (Counterclaim Defendant) and its payment from August 17, 2017 to November 6, 2018.

Reasons

1. Basic facts (the principal lawsuit and counterclaim shall be deemed as well);

A. From August 27, 2014 to September 27, 2016, the Plaintiff recruited 26 accounts as the Plaintiff’s share and deposited 1,200,000 won each month for each old account, and paid 1,500,000 won each month from the following month after the receipt of the payment of the payment of the fraternity (in the month of receiving the payment of the fraternity, the payment was decided not to pay the fraternity) and received the payment of KRW 30,00,000 for each sequence, but was operated from No. 4 [Attachment 1] to receive the payment of KRW 30,000,000 by adding a little interest of KRW 30,00,00, as indicated in [Attachment 1].

B. The Defendant joined the instant fraternity No. 3, 1, 10, and 25, respectively.

(However, the defendant thereafter exchanged 10 old units with Nonparty C, which is the cause of the old units, 9 times.

The plaintiff received a monthly bonus from the members including the defendant, and there was a meeting of the fraternity, but all members of the fraternity were not present, and all members of the fraternity were not aware of each other.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. Summary of the parties' arguments

A. The summary of the cause of the principal claim ought to be paid KRW 72,00,000 in total with the previous accounts No. 3 of the instant fraternity and the previous accounts No. 9, and the Defendant should have received KRW 61,800,000 in total.

However, the Defendant paid to the Plaintiff only KRW 50,000,000 in total as indicated in the table “Plaintiff’s Claim” column, and received KRW 27,100,000 from the Plaintiff as the old class installment, and KRW 25,00,000 in the old class installment No. 9.

Therefore, the defendant is obligated to pay the plaintiff 12,300,000 won [=(72,00,000 won - 50,000,000 won)] (61,80,000 won - 52,10,000 won] that is not paid by the succession of this case.

B. The summary of the cause of the counterclaim is as follows: 1 The defendant is with the three main accounts of the instant fraternity to the plaintiff.

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