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(영문) 전주지방법원남원지원 2016.11.09 2016가단10491
계금
Text

1. The Defendant’s KRW 28,00,000 as well as 5% per annum from December 25, 2015 to November 9, 2016 to the Plaintiff.

Reasons

1. The gist of the Plaintiff’s assertion is that the Defendant did not pay the Plaintiff KRW 40,130,00 in total monthly payment even though the Plaintiff received the total amount of the fraternity as a member of the fourth successful bid (4th, 11th, 15th, and 28th, respectively) operated by the Plaintiff. As such, the Defendant is liable to pay the Plaintiff the above KRW 40,130,000 and delay damages therefor.

2. Determination

A. On July 4, 2013, the Plaintiff organized the successful bid amount of KRW 30,000,000,000,000,000 (30,000,000 won per month) around July 4, 2013 as to the claim for the monthly payment of KRW 4,00. Meanwhile, the Defendant was liable for the foregoing successful bid. Meanwhile, the Defendant was liable for the loan to the Plaintiff prior to the aforementioned successful bid. However, the Defendant was liable for the loan to the Plaintiff, but the Plaintiff, who received the successful bid in the said successful bid, paid the successful bid amount to the Defendant by means of appropriating the above loan to pay the above loan to the said successful bid amount, does not conflict between the parties, and the Plaintiff was paid the monthly payment of KRW 2,00,00,00 from the Defendant.

According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of 28 million won for the unpaid monthly payment (=(1 million won for the monthly payment x 30 times) - the monthly payment amount of 2 million won for the previous payment) and damages for delay.

B. The defendant's judgment as to the claim for the payment of the 11th, 15th, and 28th, 11th, 15th, and 28th, as to whether the plaintiff's operation was the cause of the 11th, 15th, and 28th, as to whether the plaintiff's operation was the text messages sent unilaterally to the defendant, and it is not sufficient to recognize that the defendant was a party to the above successful bid merely because the statement is merely the text messages sent by the plaintiff to the defendant. The evidence Nos. 4 and 14 are all recorded and recorded with the defendant, and it is difficult to prove that the defendant joined the above successful bid even according to the contents of the statement, and there is no other evidence to prove otherwise.

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