A. The Defendant is a company running the High-gun Criart (hereinafter “this case”) and the Plaintiff is a person who has entered into a membership agreement with the Defendant on the instant resort.

B. On December 19, 2013, the Plaintiff entered into the instant club membership agreement (hereinafter “instant club membership agreement”) with the Defendant for five years, including the membership fee of KRW 710 million, and the membership period of KRW 50 million.

Article 4(1) of the instant membership agreement provides that “A membership shall be acquired from the date when the membership fee is fully paid,” but the Plaintiff paid the remainder on December 23, 2014, thereby completely paying the membership fee.

C. On October 10, 2019, the Plaintiff requested the Defendant to return the membership fee to the Defendant on December 23, 2019, the period of holding qualification expires, but the Defendant failed to return it.

On February 7, 2020, the Plaintiff and the Defendant concluded an agreement on debt repayment (hereinafter “instant debt repayment agreement”) with the repayment of the obligation for the repayment of the deposit in installments.

The Plaintiff and the Defendant began to repay KRW 50 million from May 29, 2020 to the date of repayment of the instant debt repayment agreement. By December 31, 2021, the Plaintiff and the Defendant decided to make installment payments of KRW 710 million in total over twenty times until December 31, 2021. In addition, 12% damages for delay shall be paid in addition to the annual amount of 12% damages if each payment is not made by the deadline for repayment. In the event that the amount is not paid at least once, the Plaintiff and the Defendant lost the benefit of the deadline and determined that the unpaid amount and the damages for delay may be claimed at once.

E. However, the Defendant did not pay KRW 50 million to the Plaintiff on May 29, 2020.

[Reasons for Recognition] No dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. As examined in the facts based on the judgment, the fact that the Plaintiff and the Defendant concluded the instant debt repayment agreement, the fact that the Defendant did not fully repay the obligations under the instant debt repayment agreement, and the Defendant would lose the benefit of time.