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(영문) 서울서부지방법원 2017.06.07 2016가단25563
계금반환
Text

1. Defendant B’s KRW 23,600,000 as well as 5% per annum from March 25, 2016 to September 13, 2016 to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. The following facts may be acknowledged in full view of the purport of the entire pleadings in the absence of dispute between the parties (or as the Plaintiff or as the Plaintiff) or in the evidence Nos. 1 and 5 (including paper numbers) A.

1) On October 2012, Defendant B: (a) around 30,000 won for each unit of the Gu (in the amount of KRW 50 million, KRW 1250,000 per unit of the Gu; KRW 1250,000 per unit of the Gu; and (b) monthly interest on KRW 300,000 after the receipt of the deposit; and (c) “instant KRW 50,000 per unit of the Gu”

Defendant B organized the Plaintiff’s 40,000 won of the previous 31,110,000 won of the previous 31,000 won of the previous 31,000 won per unit (30,000 won of the previous 30,000 won of the previous 31,000 won of the previous 31,000 won of the previous 1,000 won of the previous 23,000 won of the previous 31,000 won of the previous 20,000 won of the previous 1,000 won of the previous 23,000 won of the interest accrued after the receipt of the previous 20,000 won of the previous 30,000 won of the previous 1,00 won of the previous 30,000 won of the previous 30,000 won of the previous 23, etc.).

(즉, 1/2구좌만 가입하였다). 그런데 피고 B은 변제기(원고가 계 타는 날인 2016. 3. 7.)가 지났음에도 계금 1,750만 원{= (3,000만 원 이자 500만 원) × ½}을 원고에게 지급하지 못하였다.

한편, 원고도 위 곗날(2016. 3. 7.) 이후 피고 B에게 지급해야 할 계불입금 합계 500만 원(= 625,000원 원고가 자기 몫(1/2)으로 매월 불입해야 할 계불입금 = (100만 원 이자 25만 원) × ½ × 8회)을 지급하지 아니하였다.

According to the above facts, Defendant B is obligated to pay the Plaintiff the total amount of KRW 23.6 million (= KRW 1.1 million ( KRW 17.5 million - KRW 5 million) and damages for delay, barring special circumstances.

B. As to this, Defendant B is an instructor whom the Plaintiff had made against Defendant B in relation to the instant 30 million foot mold.

E is in three units (6, 19, 28).

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