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1. Defendant C’s each of the Plaintiffs’ KRW 2,00,000 per annum from May 10, 2013 to November 27, 2014.
Reasons
1. Determination as to the claim against Defendant D, E, F, G, and H
A. A. Around August 2012, Defendant C, including himself, had total of 13 members, including the Plaintiffs and Defendant D, E, F, G, and H, and each of the members was paid KRW 800,000 per month, but each of the members was paid KRW 1,00,000 per month, and was locked without paying the fraternity on April 10, 2013.
The Defendants already received fraternity payments from April 10, 2013. The Defendants did not pay the fraternity payments of KRW 4 million in total from 10 to 13 times after the locking of Defendant C, which is the owner of the fraternity.
Plaintiff
A has the limit number No. 11 and it is required to receive KRW 12 million on June 10, 2013, and Plaintiff B has the limit number No. 13, and it is required to receive KRW 12.4 million on September 10, 2013.
The defendants are obligated to return each of the two million won to the plaintiffs as unjust enrichment, since they did not pay each of the 4 million won installments even after receiving the payment from the plaintiffs.
B. Determination 1) The fraternity has the nature of a partnership agreement, a loan agreement, or a loan for consumption, or a bearer agreement, with different legal nature, depending on the purpose and method of organizing the money, the method of paying the payment before or after the payment, the method of paying the payment, the relationship between the guidance and the guidance or the guidance, or between the guidance and the guidance, and other issues (see, e.g., Supreme Court Decisions 2009Da97338, Oct. 30, 2014; 209Da9738, etc.). The legal relationship between the guidance and the guidance after the transfer is different depending on the nature of the guidance, and the settlement relationship between the guidance and the guidance shall be determined by comprehensively taking into account the content of the agreement between the guidance and the guidance, the form of operation, and the relationship between the guidance and the members.