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(영문) 울산지방법원 2020.06.18 2019나1008
계금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Facts of recognition;

A. On September 30, 2016, the Defendant organized a fraternity with 10,000,000 won and 21 members of the fraternity (hereinafter “30 days”). The Plaintiff joined the previous account at 20 times among the Plaintiff. In addition, the Defendant organized a fraternity with 10,00,000 won on February 10, 2017, and the number fraternity with 21 members of the fraternity (hereinafter “10 days”). The Plaintiff joined the previous account at 8,12, and 19.

B. The limit of 10,000 won per month shall be paid by the members of the limit of 30,000 won per month (Provided, That in the case of the previous accounts, 10,000 won and 10,000 won per month shall be paid by the limit of 50,000 won per month (However, in the case of the previous accounts, 10,000 won and 10,000 won shall be deducted by the number of months until the delivery of the other accounts until the delivery of the other accounts). For instance, in the case of the previous accounts of 8, 10,000 won, 10,000 won and interest (6 months calculated by deducting one month from the number of months until the delivery of the other accounts x 10,000 won x 10,000 won in the case of the previous accounts x 12,100,000 won x x 00 won)

Any fraternity member who has received a fraternity shall pay 100,000 won per month from the following month additionally.

C. The Plaintiff did not pay a deposit amount from May 2018 (16th to 30th in the case of a 10-day deposit, and the last time in the case of a 30-day deposit) among the 10-day deposit amounts.

Accordingly, the Defendant sent each written peremptory notice to the Plaintiff to pay unpaid fraternity payments as of June 11, 2018, and each written confirmation to the Plaintiff that the Plaintiff left the fraternity as of September 21, 2018.

[Reasons for Recognition] Unsatisfy Facts, entry of evidence Nos. 1, 2, and 4, witness C of the trial of the party, witness C of the party and the purport of the whole pleadings

2. Determination as to the cause of action

A. In the event that the same share holder of the relevant legal doctrine as to the settlement method has organized several accounts, a member of one party who has joined the several accounts shall be paid a benefit on his own occasions in any of those accounts.

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