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(영문) 서울동부지방법원 2016.04.07 2015가단135843

입회금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from January 8, 2016 to the date of complete payment.

Reasons

The Plaintiff paid KRW 150,00,000 (hereinafter “instant membership fee”) to the Defendant on November 25, 2010, in relation to the Plaintiff’s golf course in Gangnam 300 and the use of a hotel operated by the Defendant on November 25, 2010. The Defendant decided to return the instant membership fee to the Plaintiff upon request of the Plaintiff after the lapse of five years, and the Plaintiff requested the return of the instant membership fee to the Defendant on December 7, 2015, on the grounds that the Plaintiff requested the return of the instant membership fee to the Defendant on or around December 7, 2015, barring special circumstances, the Defendant is obligated to return the instant membership fee to

The defendant asserts that since 2014, the application for the return of membership fees by its members cannot be returned because of their failure to return it. However, such circumstance does not affect the defendant's obligation to return of this case.

Therefore, the defendant is obligated to pay to the plaintiff 150,000,000 won and the damages for delay at the rate of 15% per annum from January 8, 2016 to the date of full payment, as claimed by the plaintiff, as the result of the delivery of a copy of the complaint of this case after the date of the duty to pay the same to the plaintiff. Thus, the plaintiff's claim of this case seeking this payment is justified, and it is so decided as per Disposition.