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(영문) 수원지방법원안양지원 2017.11.15 2016가단116617
계금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around May 2013, the Plaintiff entered the 6 unit of the sequence C, which was operated by the following methods, as the introduction of the Defendant (hereinafter “the No. 1 unit”).

Operating period: From May 27, 2013 to January 27, 2015 (21); 10,000 won per unit (10,000 won per unit): 500,000 won per month; and 100,000 won per month from the following month after payment is exempted; and 100,000 won per month from the month after the receipt of the fraternity; and

B. The Defendant, on behalf of the Plaintiff, paid the Plaintiff the first generation deposit to C, and the Plaintiff received the first generation deposit from C through the Defendant.

C. While the sequence 1 is operated, the Plaintiff paid the Defendant KRW 2,00,00,00 on May 27, 2013; KRW 5,200,000 on June 27, 2013; KRW 3,000,000 on October 28, 2013; KRW 2,00,000 on November 26, 2013; KRW 1,50,000 on June 16, 2014; KRW 710,00 on July 11, 2014; KRW 20,000 on the aggregate of KRW 1,50,500 on January 26, 2015; KRW 10,000 on the basis of KRW 20,00 on the basis of KRW 1,50,000 on the basis of the Defendant’s payment; KRW 10,000 on the basis of KRW 10,37,010 on the basis;

The plaintiff prepared a written confirmation (No. 1) to the defendant as follows:

The amount of KRW 38 million per day shall be deposited at the time of the above-mentioned payment, and the amount of KRW 38 million shall be paid in five months.

On February 2, 2015, the Plaintiff joined the 6 unit of the sequences operated by the Defendant in the following methods (hereinafter referred to as “second sequences”).

Operating period: From February 25, 2015 to October 25, 2016 (21); 10,000 won per unit (10,000 won per unit): From February 25, 2016 to October 25, 2016: 50,000 won per month; and 100,000 won per month from the month following the receipt of the fraternity; and 100,000 won by adding the interest of KRW 10 per month from the month following the receipt of the fraternity;

F. The Plaintiff was entitled to KRW 10,00,00 from the No. 2nd on March 25, 2015, May 25, 2015; June 25, 2015; August 25, 2015; and August 25, 2015; however, the Plaintiff was entitled to KRW 10,00,00 from the No. 1nd on September 25, 2015.

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