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(영문) 서울중앙지방법원 2018.07.25 2016가합575497
계금
Text

1. The Defendant shall pay to the Plaintiff KRW 210,670,000 and the interest rate of KRW 15% per annum from February 13, 2017 to the date of full payment.

Reasons

1. Basic facts

A. From around 1995, the Defendant operated the “D” store located in Gangnam-gu Seoul, Seoul, and operated several successful bid accounts from 2005 to 300 million won in a single account by organizing a fraternity meeting called “E” from 2005 to December 2008, based on the connection that led to the operation of the said release store. Around 2008, the Defendant operated a total of 76 successful bid accounts.

The plaintiff joined the successful bid system of some part of the successful bid system operated by the defendant from March 2007, and paid a prize and received a prize for the defendant.

The members of each successful bid awarded by the defendant are not aware of the credit relationship between each other and operated exclusively by the defendant, who is the owner of the fraternity, and who is the owner of the fraternity in the operation of the fraternity, without being related to the other members.

B. The Defendant received fraternity payments from the members of the fraternity through the accounts for receipt of fraternity payments (Account Number: National Bank G; hereinafter “instant account”) established in the name of Dong resident F, and individually received fraternity payments from the members of the fraternity. In the case of receipt of fraternity payments, the date of receipt of the fraternity payments and the amount thereof was stated in the confirmation column, and the Defendant’s seal was affixed on the confirmation column. Even in the case of paying fraternity payments to the fraternity members, the Defendant entered the date of receipt of the fraternity payments and the date of receipt of the fraternity payments and the amount thereof on the confirmation column, and affixed the Defendant’s seal on the confirmation column after entering the date of payment of the fraternity payments in the said passbook and on the confirmation column.

C. The Plaintiff submitted to this court the six system design stating the following contents:

The following "amount of money to be paid" is the amount calculated by aggregating the amount of money to be paid by each system design, which the defendant stated on the date of receipt and the amount thereof, and affixs the defendant's seal on the confirmation column.

1. Whether the contract is awarded for the amount of the advance payment at the beginning date of the first day.

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