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(영문) 제주지방법원 2016.12.09 2016가단56167

보증채무금

Text

1. The defendant shall pay 40,239,000 won to the plaintiff and 15% per annum from June 2, 2014 to the day of complete payment.

Reasons

On November 6, 2003, the Plaintiff entered into a membership agreement with the Defendant on the “Sari-gu Dori-dong member” of the Defendant’s operation, and acquired membership on the date of full payment of the membership deposit, held membership for ten years thereafter, and agreed to extend the contract under the same condition (hereinafter “instant membership agreement”) if the Plaintiff does not raise any objection within 30 days from the expiration date of the membership period, and paid the Defendant totaling KRW 40,239,000 by March 7, 2004, and the Plaintiff demanded the Defendant to return the membership deposit stipulated in the instant membership agreement within 30 days from March 7, 2014, which is the expiration date of the membership period stipulated in the instant membership agreement, to the Defendant. There is no dispute between the parties.

According to the above facts, the membership agreement of this case was terminated on March 7, 2014.

Therefore, according to the instant membership agreement, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40,239,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 2, 2014 to the date of full payment, as the Plaintiff seeks.

If so, the plaintiff's claim is justified and accepted.