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(영문) 서울북부지방법원 2019.08.28 2019가합20829
계금
Text

1. The Defendant’s KRW 470,000,000 and its amount shall be 15% per annum from February 21, 2019 to May 31, 2019 to the Plaintiff.

Reasons

1. Determination as to the claim for guidance

A. The plaintiff's assertion 1) The defendant, as a fraternity, shall pay 36 members of the 36th anniversary of the principal of the fraternity every month for 36 months per previous 1 unit, and shall pay 40,000 won per month from the following month plus 100,000 won of the fraternity received, not for the month in which the fraternity is received, but for every 300,000 won from the following month. The plaintiff shall receive the fraternity received 10,50,000 won of the principal of the fraternity paid by other fraternitys (=30,000 won x the number of other fraternitys 35,000 won x the number of other fraternitys) and the guidance receipt (excluding the receipt of the first month x not paid 100,000 won and the third guidance receipt from the first month excluding the receipt of the first time made by the defendant (hereinafter referred to as the "instant guidance").

(2) The Plaintiff shall pay to the Plaintiff KRW 106,00,000 (the principal amount of the fraternity (= KRW 8.1 million of the principal amount x KRW 300,000 of the total amount of the fraternity x KRW 27 months of the Plaintiff’s payment) and delay damages, as the Defendant’s guidance was paid monthly amount of KRW 3 million for 27 months until December 2018, and the Defendant’s guidance was sold on or after the end of December 2018. As such, the Defendant shall pay to the Plaintiff KRW 106,00,000 (the third month from the month of January 2019) (the third month from the month of the receipt of the guidance amount x 25,00,00 won of the total amount of the guidance amount) x 100,000 won (the third month from the month of the 28 month period) and delay damages.

3) The Plaintiff purchased 20,000 won from March 2017 to December 22, 2018, and paid 6,000 won per month to the Defendant’s “20,000 won,” and the Defendant’s guidance was sold on or after the end of December 2018. As such, the Defendant subscribed to the Plaintiff for KRW 172,00,000 [1,660,00 won per annum [3,00 won per principal of the fraternity (=3,00,000 won per principal of the fraternity x 22 months) x 20,000 won per month for which the Plaintiff paid 2,00,000 won per month from the end of August 2017] x 20,000 won per month to the Plaintiff.

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