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(영문) 서울남부지방법원 2016.04.05 2015가단240359

입회금반환

Text

1. The defendant shall pay 80 million won to the plaintiff and 15% per annum from December 1, 2015 to the date of complete payment.

Reasons

MDD Co., Ltd. paid KRW 80,000,000 to the Defendant (a membership number E60-12-0200) upon joining the Defendant’s Operational Rad Co., Ltd. (hereinafter “Mad Co., Ltd.”). On August 23, 2003, the Plaintiff succeeded to and acquired the above membership status from the above company on August 23, 2003, the Defendant’s membership fee for five years shall be paid for five years, but the Plaintiff may not demand a withdrawal without the company’s approval during the grace period, and the Defendant shall return the principal if five years have passed after the request for withdrawal, and the contract shall be deemed to have been automatically renewed if there is no dispute between the parties, or if the member for whom five years have passed requests for withdrawal, it may be recognized by comprehensively taking into account the purport of the entire arguments as stated in subparagraphs A through 4, and B evidence No. 1.

According to the above rules, since the expiration of the original grace period (five years in this case), and the contract automatically is renewed due to the lack of a request for withdrawal of a member, the extended period shall not be extended to the extent of the original grace period, but shall not be extended to the extent of the original grace period. Thus, since the agreement on the consortium between the original defendant on November 30, 2015, on which the copy of the complaint of this case, in which the plaintiff's expression of intention of withdrawal was written, was delivered to the defendant, the defendant is obligated to return the amount of eight million won for admission to the plaintiff.

(2) Therefore, the defendant's assertion that the contract between the original defendant was automatically renewed twice, and terminated on August 23, 2018 is without merit). Accordingly, the defendant asserts that since the plaintiff used a consortium from September 2013 to October 2015, as a member, from September 2013, which was the date when the contract was terminated to the date when the contract was terminated, the amount of KRW 9,15,000 should be deducted from the membership fee, since the member and the non-member obtained unjust enrichment of KRW 9,15,000, which is equivalent to the difference between the member and the non-member, the amount of KRW 9,15,000 should be deducted from the membership fee, as seen earlier.