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(영문) 부산지방법원 2020.06.17 2019가단186
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 2017, the Defendant organized a successful bid system with the following contents (hereinafter “instant successful bid system”) and operated the instant successful bid system as a leading shareholder.

The award of this case shall be operated with a total of 21 units, and the deposit amount per unit shall be KRW 1,500,000, and the deposit amount per unit shall be KRW 30,000,000.

(b)The time for the payment of the successful bid amounts and the advance payment shall be the 15th day of each month, and if the guidance members deliver to the fraternity the amount they wish to receive within the limit of 30,000,000 won per month at meetings of the fraternity held on the 15th day of each month, the guidance holders shall determine the guidance members who want to receive the lowest amount among them as successful bidders, and then shall collect the advance payment for each month from the guidance members and make the successful bidder a successful tender;

C. One and twenty-one sets shall be awarded a successful bid by the owner of the fraternity (the defendant who is the owner of the fraternity shall have joined the second unit) and the members who receive the successful bid shall not pay the fraternity for the relevant vehicle. D. The members who received the successful bid shall not pay the fraternity for the relevant vehicle.

The actual amount of the relevant vehicle paid shall be the amount obtained by dividing the amount of the successful bid by 20 o's account by the amount obtained by adding the meal expenses paid while holding a fraternity meeting of the relevant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 3 and 5, witness C's testimony, the purport of whole pleadings

2. The parties' assertion

A. At the successful bid of the Plaintiff’s assertion, the Plaintiff joined one unit and one unit, which is the Plaintiff’s seat, respectively.

However, the Plaintiff paid the fraternity to the Defendant, who is the principal debtor, through C, with the relationship in which he was unable to use his bank account under his name. However, since the Plaintiff was not awarded the fraternity up to 19 times, it is entitled to receive KRW 30,000,000 for the 20th award of the instant award.

Therefore, the defendant is obligated to pay to the plaintiff KRW 30,000,000 and delay damages.

B. The defendant's assertion C was a member of the successful bid system of this case, and the plaintiff was a member of the successful bid system of this case.

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