A. On 2003, the Plaintiff paid a security deposit of KRW 100 million to the Defendant, and joined the three-dimensional club membership by the Defendant.

B. Since 10 years, the Defendant agreed to refund the security deposit to the Plaintiff at the time of the Plaintiff’s withdrawal.

C. On July 28, 2016, the Plaintiff rejected the Defendant’s claim for return of the membership fee. D.

On November 30, 2016, the Defendant returned KRW 40,000,00 to the Plaintiff.

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

2. According to the above facts finding as to the cause of the claim, the Defendant is a constructive merchant with an annual amount of about four months from July 29, 2016 to November 30, 2016, with respect to the remainder of KRW 60,000,000 out of the membership security deposit (i.e., KRW 100,000 to KRW 40,000) and the previous return of KRW 40,000 to the Plaintiff.

(Article 5(2) of the Commercial Act (Article 5(2) of the Commercial Act) as to the fixed delay damages of KRW 800,000 (=40,00,000 x 0.06 x 4/12) plus KRW 60,80,000 among them, the obligation to pay damages for delay at each rate of KRW 15% per annum prescribed by the Commercial Act from July 29, 2016 to November 1, 2016, which is the delivery date of the complaint of this case, and from the following day to the day of full payment.

3. According to the conclusion, the plaintiff's claim is accepted as reasonable.