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(영문) 수원지방법원 2017.11.15 2016나15751
계금
Text

1. The plaintiff's appeal against the defendants is dismissed.

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

3. Judgment of the first instance.

Reasons

1. Facts of recognition;

A. On July 27, 2012, Defendant B opened a single unit of accounts in the number fraternity organized by the Plaintiff (1 million won per month, 1.1 million won per month after the receipt of the fraternity, and 1.1 million won per month), and received KRW 10150,000 from the Plaintiff on September 27, 2012 and October 27, 2012, and received KRW 10150,00 from the Plaintiff on October 27, 2012. The Plaintiff paid KRW 10,000 out of 10,000 to the Plaintiff.

B. Defendant C purchased three units of accounts from the Plaintiff on August 27, 2012 (one million won per month, 1.1 million won per month after the receipt of the fraternity, 1.1 million won per month, and 10 million won per month) and received KRW 10.2 million from the Plaintiff on November 27, 2012, and received KRW 10.4 million from the Plaintiff on January 29, 2013, and KRW 10.2 million on May 29, 2013. The Plaintiff received KRW 30 million from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1-3, 5, 6 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. Comprehensively taking into account the facts acknowledged prior to the determination as to the cause of the claim, Defendant B is obligated to pay the remainder amount of KRW 3.3 million to the Plaintiff, and Defendant C is obligated to pay the remainder amount of KRW 5.5 million to the remainder amount of the deposit, and damages for delay.

The plaintiff asserted that the plaintiff set the monthly payment amount of KRW 1.2 million in the event that the payment deadline has not been observed between the plaintiff and the fraternity, but it is not sufficient to accept the evidence submitted by the plaintiff alone, and there is no other evidence to accept this part of the allegation.

B. The Defendants asserted as to the Defendants’ assertion: (a) the Defendants agreed with the Plaintiff, the Defendants, and D as “payment to D of the deposit amount to be paid by the Defendant to the Plaintiff; (b) accordingly, Defendant B paid KRW 3 million to D; and (c) Defendant C paid KRW 1.5 million to D, and thus, the Plaintiff’s claim cannot be complied with.

In full view of the purport of the entire pleadings in the statement Nos. 1 and 2, the Defendants agreed with the Plaintiff and D as “payment of the accounts that the Defendant should pay to D,” and accordingly, Defendant B agreed to pay to D the Plaintiff.

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