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(영문) 서울남부지방법원 2019.06.27 2018나61619
계금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The court's explanation concerning this case in this case is ① the second part of the judgment of the court of the first instance.

(2) The reasoning for the judgment of the first instance is as follows, except for the addition of the additional determination of Paragraph (3) below, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

C. The Plaintiff demanded the Defendant to pay the amount in arrears under the name of the Defendant and C as above. The Defendant subscribed to six accounts in the limit of 25th day of each month (50,000 won per unit, per unit, per unit, per 50,000 won), which was organized by the Plaintiff around July 2015.

After joining the above fraternity, the defendant paid a total of KRW 28.2 million. D.

The Plaintiff, from two previous lines, determined that the amount equivalent to the Defendant’s share out of the aggregate amount of KRW 97.2 million in arrears with the Defendant and C in the name of the Defendant (i.e., KRW 97.2 million x the number of old accounts in the name of the Defendant / the Defendant / the Defendant and KRW 13 of the number of old accounts in the name of the Defendant / the Defendant and KRW 22,000,000,000) was appropriated in sequence for the repayment of the new unpaid accounts in the above order.

(The method of appropriation to the preceding two fraternitys and the preceding fraternitys is as shown in Table 1, Table 2, Table 3, which was submitted by the Plaintiff on November 17, 2017. However, the Defendant did not pay all the fraternitys even though he joined the above fraternity, and as of March 25, 2017, the Defendant’s delayed payment amount is KRW 28,630,000.

(E) This is a portion of the deposit amounts of July 25, 2016 and the total amount of the deposit amounts arising from August 25, 2016 to March 25, 2017). 3. Additional determination

A. The Defendant asserts that “In addition to the money remitted to the Plaintiff, the instant claim is without merit, as it paid the money in cash directly to the Plaintiff via D which is the cause of the other fraternity.”

The facts without dispute, entry in the evidence of paragraphs 3 through 6, and

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