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(영문) 춘천지방법원강릉지원 2016.01.12 2015나1267
계납입금 반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph 1.

Reasons

1. In full view of the purport of Gap evidence No. 1, Gap evidence No. 2-1, Eul evidence No. 3, Eul evidence No. 1, and Eul evidence No. 1 as to the cause of the claim, the defendant received the fraternity according to the sequence No. 1, but organized the accounts (hereinafter referred to as "the instant accounts") that pay 1,000 won monthly from October 21, 201 to December 21, 2013. ② The plaintiff joined the accounts of the instant accounts around March 2012; ③ The plaintiff received the interest amount of KRW 7,00,000 in the instant accounts from April 21, 2013 to April 21, 2013. However, the plaintiff received the interest amount of KRW 1,90,000 in the instant accounts from 50,000 from 200 to 205,000,000 won, excluding the interest amount of KRW 105,000,000.

() Under the above agreement, from May 21, 2012 to May 21, 2012, monthly payment of KRW 7,50,000,000,000, excluding the above loan interest of KRW 2,500,000,000,000 is not directly paid to the Defendant in cash, and thereafter, the Defendant was asked to withdraw from the Nos. 19,000,000). The Plaintiff agreed with the Defendant on December 25, 2013 to receive the payment of KRW 19,00,000 from the Defendant until August 2014.

(B) In light of the above facts, it is insufficient to recognize the fact that the Plaintiff’s deposit amount was KRW 14 million by putting together the above recognition solely with the statement of the evidence No. 2, and there is no counter-proof. According to the above facts, the Defendant is in accordance with the above agreement.

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