On or around April 2013, the Plaintiff acquired the membership rights of the instant club operated by the Defendant from D, and the Defendant issued to the Plaintiff a membership certificate proving that the Plaintiff “the Plaintiff is a member of the KRW 48 million” to the Plaintiff on or around July 4, 2013, and the fact that the Plaintiff applied for the return of the said membership rights to the Defendant on or around March 8, 2018 is no dispute between the parties.

In light of the above facts, the Defendant is obligated to pay upon application for the return of the membership fee of KRW 48 million to the Plaintiff at the rate of 15% per annum as stipulated in Article 3(1) main text of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from August 31, 2018 to the day of full payment, as requested by the Plaintiff, which is the day following the delivery of a copy of the application for payment order, as requested by the Plaintiff.

On the other hand, the defendant asserts that the membership fee purchased by the plaintiff was KRW 40 million, but around August 31, 200, the above membership fee was returned KRW 10 million out of the membership fee to E as of August 31, 200, and the above membership fee was transferred several times thereafter, and on September 2, 2005, the F, a holder of the above membership, additionally paid KRW 8 million and then paid the above membership fee in KRW 38 million, so the defendant is liable to pay the plaintiff KRW 38 million.

However, the following circumstances, which can be seen by comprehensively considering the purport of the entire pleadings in the statement No. 1, the Plaintiff purchased the above membership from the transferor in the amount of KRW 35 million, and the above amount is determined by taking into account the amount of KRW 48 million confirmed by the Defendant.