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(영문) 서울남부지방법원 2018.01.12 2017가합101301
대여금 등 청구의 소
Text

1. The Defendant’s KRW 316,00,000 as well as the Plaintiff’s annual rate of 5% from October 9, 2016 to December 8, 2017, and the following.

Reasons

1. Basic facts

A. The Defendant: (a) around January 2014, around 34, 2014; (b) KRW 3.5 million for each unit; (c) KRW 119 million for each 8-day successful bid; (d) around March 2015; (e) KRW 31; (e) KRW 4 million for each unit; and (e) KRW 76 million for each 13-day successful bid (hereinafter referred to as “instant 13-day successful bid”); and (e) KRW 35 million for each 1-day successful bid; and (e) KRW 3.5 million for each 1-day successful bid (hereinafter referred to as “instant 5-day successful bid”); (e) KRW 50,000 for each 1-day successful bid; and (e) KRW 3.5 million for each 5 million for each 1-day successful bid.

B. Each successful bidder of this case presented the interest amount to be deducted by a person who wants to take out a fraternity in the relevant month from among the members of the fraternity without setting the sequences of those who excluded the fraternity, and received the payment by deducting the interest amount that he/she created from the successful bid price for the relevant month. The member who did not receive the successful bid was paid the amount excluding the interest amount that the successful bidder would deduct from the successful bid price. The member already received the fraternity was operated in a manner that he/she pays the monthly payment without deducting the interest until the fraternity ends.

C. The Plaintiff paid to the Defendant a total of KRW 64,960,500 in total over nine times from March 16, 2015 to September 16, 2016 with respect to the 13-day successful bid price, and a total of KRW 26,674,00 in total on nine occasions from January 21, 2016 to September 23, 2016 with respect to the 20-day successful bid price, and KRW 3.5 million in total on September 5, 2016 with respect to the 5-day successful bid price, the Plaintiff paid each of the instant successful bid price. However, each of the instant successful bid price was sold from the Defendant on October 5, 2016.

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