(영문) 서울고등법원 2019.04.05 2018나2048466

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(영문) 서울고등법원 2019.04.05 2018나2048466

계금

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The parties’ relationship 1) The Defendant operates the release store of release on bail with the trade name “D” in Gangnam-gu Seoul Metropolitan Government, and operates several successful bidders, etc. from around 2005 to December 2008 by organizing a mutual conference with the name “E”. 2) The Plaintiff is a member who has joined part of the successful bid system operated by the Defendant from March 2007.

B. The Defendant, once a month, presented the successful bid from the members of the successful bid system, and paid the successful bid amount to the members who presented the lowest amount of the successful bid, and organized and operated the successful bid system in such a way as to receive the divided payment from the remaining members of the successful bid. The members of the successful bid system only joined the system of reporting only the Defendant who is the transferor without knowing the mutual credit relationship, and the Defendant was responsible for the overall operation of the system. 2) The Defendant operated the system and operated the system, and received the payment or the payment by using the national bank account (Account Number: G; hereinafter “instant account”) opened in the name of one’s own household F with the fraternity, and received the payment or the payment individually.

The defendant entered the date and amount of the receipt of the fraternity in the relevant fraternity passbook from the fraternity members and affixed the defendant's seal on the confirmation column. In the case of paying the fraternity to the fraternity members, the defendant written the phrase "shot" or "successful bid" with the date of payment of the fraternity and affixed the defendant's seal on the confirmation column.

C. The plaintiff was admitted to the successful bid system, etc. operated by the defendant as set out in the following [Attachment 1], and when referring to the specific system of sequence 1 among them (hereinafter referred to as "the specific system"), the plaintiff joined the committee on March 21, 2007 and joined the committee on March 21, 2007.

5. 21. A contract shall be awarded in 21. A contract shall be signed on May 25, 2007.

유사 판례

-서울중앙지방법원 2018.07.25 2016가합575497

-부산지방법원 동부지원 2012.09.07 2012고단2928

-서울고등법원 2016.06.09 2015나2034459

-서울중앙지방법원 2015.10.16 2014가단196800

-부산지방법원 2015.09.10 2015고단2604