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1. Revocation of a judgment of the first instance;
2. The Plaintiff:
A. Defendant B is from April 16, 2013, as well as KRW 2,800,000.
Reasons
1. Facts of recognition;
A. The Plaintiff, Defendant B, and C are the members of the fraternitys organized by Gyeyang E (hereinafter “instant fraternity”), and Defendant D is the joint and several sureties’s joint and several sureties’s obligation to pay the deposit amount.
B. From March 15, 201 to April 15, 2013, the instant fraternity: (a) the fraternity paid KRW 1,200,000 per unit per 15th day of each month; (b) the fraternity that received KRW 30,00,000 according to the sequence was operated by the method of paying KRW 1,40,000 from the following month; (c) as the fraternity was dead when only two times of the total payment was left, E was dead, and the operation of the fraternity was suspended without receiving only the Plaintiff and F, among the instant fraternitys.
C. Accordingly, the instant fraternitys agreed to compensate for the damage by paying the fraternitys directly to the Plaintiff and F, who did not receive the fraternitys on February 28, 2013, and by paying the fraternitys in equal shares on the initial date of payment. D.
On the other hand, Defendant B joined two units and received 60,000,000 won in total, each of the 30,000,000 won on June 17, 2012 and October 10 of the same year. Defendant C joined one unit and received 30,000,000 won in total.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, 4, Gap evidence 4-6, the purport of the whole pleadings
2. Judgment on the parties’ assertion
A. According to the above facts of recognition as to the cause of the claim, the following facts are as follows: ① Defendant B’s KRW 2,800,000 (i.e., KRW 1,400,000 x 2) and the Plaintiff’s claim as to the above amount: (i) annual 5% as prescribed by the Civil Act from April 16, 2013 to July 22, 2013; and (ii) delay damages calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment; and (iii) Defendant C and D jointly and severally serve on each Defendant the duplicate of the complaint of this case from April 16, 2013 to the date of delivery of the duplicate of the complaint of this case to each Defendant.