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Reasons
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(영문) 대전지방법원천안지원 2017.11.15 2017가단182
계금
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1. The Defendant’s KRW 6,700,000 as well as 5% per annum from October 14, 2016 to January 11, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. From April 13, 2015, the Defendant organized and operated a fraternity of KRW 10 million from around April 13, 2015, the total number of old units, KRW 21 per unit, and KRW 500,000 per month per unit (hereinafter “instant fraternity”).

The Plaintiff joined the instant fraternity 19 times.

The term “the term “the term “the term “the term” provided for in the term “the term “the term” under the term “the term” under the term “the term” under the term “the term” under the term “the term, “the term,” under the term, “the term, and “the term,” under the term, “the term, and “the term,” under the term, “the term, “the term,” and “the term,” under the term, “the term, “the term, “the term,” and “the term,” under the term, “the term, “the term, “the term,”” under the term, “the term, “the term,” under the term, “the term, “the term,” under the term, “the term,” under the term, “the term,” under the term, “the term,” under the term,” under the term, “the term, “the term,” under the term,” under the term.

Ultimately, the amount of the fraternity of this case increases by KRW 10,00,000 each time, KRW 10,000 per month, KRW 3 times, KRW 10,100,00 per month, and the date of receipt of the fraternity of this case, which the Plaintiff joined, shall be KRW 19,00,000 on October 13, 2016, and KRW 1,70,000 for the fraternity of this case.

B. The Plaintiff paid 50,000 won, either directly or through D, from April 2015 to November 13, 2016, respectively, to the Defendant from April 2015 to October 2016.

C. The Defendant did not pay the fraternity to the Plaintiff on October 13, 2016.

The defendant paid 5,150,000 won out of the total amount of 7,100,000 won received to E on the day, and he brought the remainder.

The Defendant paid the Plaintiff KRW 4,50,000,000 to the Plaintiff via D, from December 15, 2016, and until February 7, 2017, KRW 2.4 million.

On the other hand, the defendant paid 4,905,000 won to F on December 15, 2016.

After January 11, 2017, F returned KRW 3,405,00 to the Defendant, and the Defendant deposited KRW 3,500,000,000, including KRW 95,000, in the name of F, to the Plaintiff’s account.

E. The plaintiff is in breach of trust against the defendant.

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