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(영문) 제주지방법원 2016.10.28 2016가단8564

보증금반환

Text

1. The defendant shall pay 47,140,600 won to the plaintiff and 15% per annum from July 1, 2016 to the day of complete payment.

Reasons

On November 26, 2002, the Plaintiff entered into a membership agreement with the Defendant on November 26, 2002, and acquired membership on the date of full payment of the membership deposit, and held membership for ten years thereafter, and the Plaintiff notified the Defendant of the termination of the contract within 30 days from the expiration date of the membership period and agreed to return the membership deposit to the Plaintiff (hereinafter “instant membership agreement”); the Plaintiff paid KRW 47,140,600 in total to the Defendant as the membership deposit by December 28, 2002; the Plaintiff notified the Defendant of the termination of the instant membership agreement within one month from December 28, 2012, there is no dispute between the parties.

According to the above facts, the membership agreement of this case was terminated on December 18, 2012.

Therefore, according to the instant membership agreement, the Defendant is obligated to pay to the Plaintiff the amount of KRW 47,140,600 as well as damages for delay calculated at the rate of 15% per annum from July 1, 2016 to the day of full payment, as the day following the delivery of a copy of the instant complaint, as the Plaintiff seeks.

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