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(영문) 수원지방법원 2017.01.12 2015가단51735
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 21,290,000 won and each year from September 12, 2015 to January 12, 2017.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Defendants jointly and severally liable for the payment of the fraternity while jointly managing the fraternity with the couple. The Plaintiff jointly and severally liable for the payment of the fraternity with the Plaintiff. 2) The Plaintiff lent KRW 10,000,000 on August 25, 2009 to the Defendants. The Defendants repaid the above money on November 20, 2009.

The Plaintiff respectively lent KRW 10,20,000,000 to the Defendants on March 10, 2010, and KRW 20,000,000 on May 25, 2012, and KRW 10,000,00 on December 27, 2012. The Defendants paid the Plaintiff KRW 10,20,000, including interest on January 29, 2013, and KRW 17,00,000 on June 28, 2013, and KRW 3,000,000 on July 2, 2013.

3) Meanwhile, from August 23, 2012, the Defendants organized the number fraternity in which 21 members of the fraternity pay the fraternity (hereinafter “23rd fraternity”). From January 17, 2013, the Defendants organized the number fraternity in which 21 members of the fraternity pay the fraternity (hereinafter “1,200,000 won”) on the basis of KRW 1,00,000 per month during the month when the fraternity receives the fraternity without paying the fraternity amount, and thereafter, received the fraternity amounting to KRW 1,20,000 per month. The Plaintiff opened the six accounts in the name of himself/herself, D, E, etc., and the Defendants organized the number of fraternitys in which 21 members of the fraternity pay the fraternity (hereinafter “17,17, etc.”).

17.In the month during which the accounts are received on the basis of KRW 500,000 per month, the accounts were operated by the method of collecting more than KRW 100,000 per month after the accounts are received without paying the accounts, but at least KRW 600,000 per month.

The plaintiff entered the 17th century's three accounts.

5) The Plaintiff paid all the fraternity payments to each fraternity by May 2013, but paid to the fraternity by May 23, 2013, 59,800,000, and 7,200,000,000,000,000. 6) The Plaintiff paid to the fraternity by September 24, 2012, as the fraternity payments by the 23th, respectively.

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