입회금반환 청구의 소
1. The Defendants jointly share KRW 7,874,300 with respect to the Plaintiff and the period from September 1, 2015 to November 27, 2015.
1. The basic facts are: (a) the Plaintiff became a regular member of the Monbacon club operated by Dong-dong Co., Ltd. on May 15, 2009; (b) the Plaintiff paid 85,000,000 won at that time; (c) the Defendants acquired the said golf club from Dong-dong Co., Ltd. on or around September 201; (d) the Plaintiff expressed an intention to resign to the Defendants on or after May 2012; and (e) the Defendants returned the full amount of the membership fee to the Plaintiff; and (e) the Defendants returned KRW 42,00,000,000,000 to the Plaintiff, etc. on November 30, 2012, there is no dispute between the parties.
2. According to the above facts of recognition, barring any special circumstance, the Defendants are jointly obligated to pay the Plaintiff KRW 43,000,000 ( KRW 85,000,000--42,00,000) and delay damages therefor.
The Defendants asserted that they repaid KRW 43,00,000 to the Plaintiff. Thus, the Defendants transferred KRW 43,00,000 to the Plaintiff on August 31, 2015, which was after the filing of the instant lawsuit, to the Plaintiff on August 31, 2015, and there is no dispute between the parties, and there is no evidence to acknowledge that they agreed to or designated the order of appropriation for payment of the said money. Thus, this is appropriated from August 13, 2012, which is the date following the date the Plaintiff requested for payment of KRW 43,00,000,000, which is the date following the date the payment was made by the Plaintiff pursuant to Article 479(1) of the Civil Act until August 31, 2015, to the Plaintiff. The Defendants should first be appropriated for the principal and interest of KRW 7,874,300,000 ( KRW 43,000 x 6% x 1114/365,25).375
The Plaintiff asserts that the damages for delay shall be paid at the rate of 20% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings until August 31, 2015 from the day following the day when the duplicate of the instant complaint was served on the Defendants. However, the statutory interest rate prescribed by the aforementioned Act applies to the case where a judgment is rendered, and the duplicate of the complaint was served.