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(영문) 대구지방법원상주지원 2016.10.12 2016가단8205
계불입금 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. (1) Defendant B’s total amount of money on January 20, 2013: 30 million won: the number of old units: 25 old units; 1.25 million won: Provided, That the amount of money is KRW 1.5 million from the following month (hereinafter “Defendant B’s first class”).

(2) On July 15, 2013, Defendant B organized and operated a fraternity of the amount of KRW 50 million from the following month (hereinafter “Defendant B’s second fraternity”). Defendant B operated a fraternity of the amount of KRW 1.5 million from the following month to the amount of KRW 1.5 million from the total amount of KRW 50 million, KRW 25 million from the previous unit: KRW 1.5 million from the previous month.

B. On March 20, 2013, Defendant C organized and operated the limit of KRW 10 million (hereinafter “Defendant C’s limit”) from the following month to the 600,000 won (hereinafter “Defendant C’s limit”) for the total amount of KRW 10,00,00 in total amount, and the number of old units: KRW 21,00 in total amount: KRW 50,000 in total amount: KRW 50,000 in total amount; and

C. The Plaintiff paid part of the monthly payment as a member of each of the above circles operated by the Defendants.

[Ground of recognition] Unsatisfy, Eul's entry in the evidence No. 1 (including a provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Plaintiff joined the first unit of Defendant B, and paid KRW 16.8 million over 14 times, and the said fraternity did not receive the fraternity due to the Defendant B’s responsibility. Therefore, in relation to the first unit of the Defendant B, the Defendant B shall pay the Plaintiff KRW 20.4 million total of the monthly payment of KRW 16.8 million and interest KRW 3.6 million. In addition, the Plaintiff joined the second unit of the Defendant B and paid KRW 9 million over 6 times. The said fraternity did not receive the fraternity due to the Defendant B’s responsibility. Accordingly, in relation to the second unit of the Defendant B, the Plaintiff shall pay KRW 12 million total of the monthly payment of KRW 9 million and interest KRW 3.5 million to the Plaintiff. In sum, the Defendant B shall pay KRW 3.5 million total of the monthly payment of KRW 3 million to the Plaintiff, and the Plaintiff shall pay KRW 3.5 million total of the damages for delay to the Plaintiff.

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