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(영문) 대구지방법원상주지원 2014.05.22 2013가합399
계금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the defendant should pay the plaintiff the amount claimed, which is the sum of the fraternity which has not been paid to the plaintiff, unjust enrichment, damages, and agreed amount to be returned to the plaintiff.

On December 20, 2002, the Plaintiff purchased 30 million won (i.e., 1., 200,000 won) from December 20, 2002 x 25 months from December 2002 to January 20, 2005, and paid 2,40,000 won each month to 30,000 won. Around August 20, 2003, the Plaintiff did not pay 30,000 won to 10,000 won among 30,000 won each month, since the Plaintiff joined the above 10,000 won (i.e., 200, 300,000 won) around September 20, 2003, the Plaintiff did not pay 300,000 won to 30,000 won each month.

3) From February 20, 2004, the Plaintiff paid 4,200,000 won for three previous accounts each month. On August 20, 2004, the Defendant did not pay the Plaintiff a total of KRW 80,40,000,000 for the last one account, even though the Plaintiff went away from the last one account. Accordingly, the Defendant is liable to pay the Plaintiff a total of KRW 30,40,000 (= KRW 30 million) to the Plaintiff.

B. Around February 15, 2004, the Plaintiff joined a single unit of KRW 5 million operated by the Defendant (i.e., KRW 5 million x ten months from February 2004 to December 2004) and paid KRW 500,000 per month the monthly deposit amount. Around November 15, 2004, the Plaintiff did not pay the Plaintiff’s deposit amount, and thus, the Defendant is obligated to pay the Plaintiff KRW 5 million.

C. The Plaintiff’s 30 million won (=12 million won) operated by the Defendant out of the 5-year unit in which the Plaintiff joined around February 20, 2005 (1) 30 million won (=12 million won).

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