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(영문) 수원지방법원 2015.04.07 2014가합13894

입회보증금 반환

Text

1. The Defendant: (a) KRW 178,00,000 for the Plaintiff and KRW 5% per annum from July 3, 2014 to November 21, 2014; and (b) the Plaintiff.

Reasons

1. The Plaintiff, around July 2, 2009, entered into a membership agreement with the Defendant as a regular member of the Plaintiff’s Radice club operated by the Defendant for a period of five years until July 2, 2014, and paid KRW 178,00,00 as the security deposit for the Defendant. The Plaintiff requested the Defendant to refund the security deposit to the Defendant on or after the end of May 2014, which is the date prior to the expiration of the above security deposit, without the intention to renew the security deposit for the Defendant, without any dispute between the parties. The Defendant is obligated to refund the security deposit to the Plaintiff upon the expiration of the above security deposit.

Therefore, the Defendant is obligated to pay to the Plaintiff 178,00,000 won for membership deposit and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from July 3, 2014 to November 21, 2014, the delivery date of a copy of the complaint of this case, and 20% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

(2) In conclusion, the plaintiff's claim of this case shall not be a ground to refuse or suspend the above request for a security deposit on the ground of business difficulties, etc. alleged by the defendant.