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(영문) 서울중앙지방법원 2016.01.22 2015가단82496
계금
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. The Plaintiff has operated a 25-year number system (400,000 won per month before receiving the fraternity amounting to KRW 10,000,000,000) of KRW 10,000,000,000,000,000 per month, and thereafter, 50,000 won per month after receiving the fraternity amount.

Defendant B is an instructor who has joined the above number system several times, and Defendant C is the spouse of Defendant B.

(2) Defendant B: (3) on September 29, 2008, Defendant B filed a claim for the previous unpaid fraternity, as seen below; (4) on June 30, 2009, May 30, 2009.

C. Around November 2014, the Plaintiff prepared to the Defendant a kind of statement of accounts in which the said 13 fraternity was prohibited, including the said 4 to (2), (1), (5), (1), and (5) and (1) January 5, 2012, and the date of the final payment of each fraternity was written to the Defendant, and the Defendant B written 13 times the end at each end of which was written “final”.

[Ground of Recognition] Facts without dispute, entry of Gap evidence Nos. 4 through 17, entry of Eul evidence No. 1, and purport of whole pleadings

2. Disputes between parties;

A. The Plaintiff’s assertion 1) As of the receipt date of the fraternity 10 million won, Defendant B subscribed to 17 fraternitys and received the fraternity money after March 31, 2008 as follows: (i) Defendant B did not pay part of the fraternity deposit from March 2009 to the Plaintiff’s bank account after December 2009; and (ii) Defendant B did not receive only in cash thereafter with the Plaintiff’s consent.

3 Defendant B shall be on January 2010 and February 1, 2010.

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