beta
(영문) 대구지방법원 2019.02.15 2018가단125546

입회보증금반환청구

Text

1. The Defendant’s KRW 90,000,000 as well as 6% per annum from December 23, 2017 to August 10, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 4, 2009, the Plaintiff entered into a membership agreement with the Defendant on December 4, 2009, and the Defendant’s down payment of KRW 20 million on the same day, and the intermediate payment of KRW 20 million on January 5, 2010, and the same year.

2.4. The intermediate payments of 39 million won, and the same year;

4. The remainder of 19.1 million won paid 130 million won in total.

B. Upon the lapse of five years from the date of the full payment of the balance as stipulated in the above membership agreement, the Plaintiff may request the return of the membership fee by declaring his/her intention at a meeting, and the Defendant agreed to refund the membership fee immediately after the Plaintiff claims the return of the balance.

C. On December 22, 2017, the Plaintiff expressed his/her intention of withdrawal to the Defendant and demanded the return of the deposit.

After that, the Plaintiff received 40 million won out of the amount of KRW 130 million from the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 90 million, which did not return out of the above membership fee of KRW 130 million, and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from December 23, 2017 to August 10, 2018, the delivery date of a copy of the complaint of this case, which is the service date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. Therefore, the plaintiff's claim of this case is accepted for reasons of the conclusion.