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Reasons
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(영문) 서울동부지방법원 2016.04.29 2015가단1674
계금 반환
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1. The Defendant’s KRW 3,310,00 and the Plaintiff’s annual rate of 5% from January 29, 2015 to April 29, 2016.

Reasons

1. Facts without dispute;

A. The Defendant received KRW 200,000 per month from November 10, 201 to October 10, 2014, respectively, for a period from October 1, 2011 to KRW 270,000,000, including interest, from the date following the date of receipt of the deposit to KRW 700,000,000, and organized a system to receive principal and interest at KRW 70,000,000,000, including interest, for 70,000,000, and the Plaintiff joined the said system. (2) The Plaintiff subscribed to the said system 1.5,00,000,000,000 won for the said KRW 0.5,000,000,000,000 (i) the principal and KRW 35,000,000,000,000,00).

3) The Plaintiff paid 2 million won for the remaining one unit over 22 occasions. However, the Plaintiff failed to receive the fraternity on October 10, 2014, which is the agreed date of receipt of the fraternity. (B) The Defendant was 3 million won per month during the period from March 25, 2013 to March 25, 2016, and 3.9 million won per month, including interest, from the date following the date of receipt of the fraternity, until the date of receipt of the fraternity, until the date of receipt of the fraternity. The Plaintiff organized a total of 3.9 million won, including interest, and 18 million won per principal, and the Plaintiff subscribed to the last number of 0 million units on September 25, 2013.

2) The Plaintiff paid a total of KRW 24 million to the Plaintiff over 16 times, in total, KRW 1.5 million for the deposit amount of KRW 1.5 million. 3) The Defendant paid KRW 16 million to the Plaintiff between September 10, 2014 and January 6, 2015.

C. The plaintiff and the defendant did not make a separate agreement on the method of settlement at the time of strike.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion Nos. 1 and 2 were transferred around May 2014.

With respect to the 0.5 shares awarded in the first place of the instant lawsuit, the Plaintiff is obligated to pay KRW 1,212,00,000 after deducting KRW 2.3 million paid by the Plaintiff from KRW 3815,000,000 in the advance payment. The principal paid by the Plaintiff in relation to the 1 share that was not awarded in the first place of the instant lawsuit.

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