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(영문) 창원지방법원 통영지원 2021.02.09 2020가단1133
계금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 53,100,000 and the interest rate thereon from May 18, 2020 to the date of full payment.

Reasons

1. Basic facts

A. On May 2017, the Plaintiff organized a fraternity (25 million won for a fraternity, 1.25 million won for a single fraternity, 26 million won after the receipt of a fraternity deposit). Defendant B subscribed to the said fraternity Nos. 2, 10, and 14 as a fraternity.

Defendant B received KRW 25 million, around June 2017, KRW 26,250,000, around February 2018, and KRW 27,750,000 around June 2018.

B. On January 2018, the Plaintiff, as the owner of a fraternity, organized the sequence 20 million (one million won prior to the receipt of the fraternity, one million won prior to the receipt of the first fraternity, and two one won after the receipt of the said fraternity), and Defendant B subscribed to the said fraternity No. 6.

Defendant B received KRW 20,400,000 from around June 2018.

(c)

Defendant D jointly and severally guaranteed the Plaintiff’s debt for Defendant B’s payment.

(d)

The Defendants did not pay an advance payment after August 2018, and the balance of the advance payment is KRW 53,100,000.

[Ground for recognition] Unsatisfy, Gap 1 through 3, the purport of the whole pleadings

2. According to the allegations and the facts of the above recognition, the defendants are jointly and severally liable to pay to the plaintiff delayed damages calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 18, 2020 to the date of full payment after the last delivery of the original copy of the payment order of this case to the plaintiff.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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