입회보증금반환청구
1. The Defendant shall pay to the Plaintiff KRW 178,00,000 and the interest rate of KRW 15% per annum from February 16, 2016 to the date of full payment.
1. Facts of recognition;
A. On July 8, 2009, the Plaintiff deposited KRW 178,000,00 as a security deposit as a regular member (number B) of the Plaintiff’s Rashshing club operated by the Defendant, and on the membership guarantee deposit certificate issued by the Defendant at the time, the amount is stated to be returned at the same time as the recovery of the above certificate when a request for return is made after five years from the date of commencement of membership.
(hereinafter referred to as “instant membership agreement”) b.
The plaintiff, by serving a duplicate of the complaint of this case, demands the defendant to return the above membership security deposit together with the withdrawal from the club.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. Determination
A. According to the above facts, it is reasonable to view that the membership agreement of this case was terminated around February 15, 2016, which is the delivery date of a copy of the complaint of this case, and therefore, the defendant is liable to pay the Plaintiff the above membership deposit amount of KRW 178,00,000, and damages for delay.
B. As to the Defendant’s assertion, the Defendant asserts that the foregoing club rules provide that “a member for whom five years have passed after the deposit of membership fees shall submit an application form prescribed at the time of withdrawal and, in principle, shall be automatically extended if there is no request for withdrawal” (Article 7(2)), and that “a member shall not demand a withdrawal within the grace period prescribed in Article 7 without the company’s approval, and if there is no request for withdrawal, the member shall be deemed to have been automatically renewed without the request for withdrawal from the company after five years have passed (Article 15), and that the said grace period was automatically renewed unless the Plaintiff did not file an application for withdrawal from the time when five years have passed after the date of the commencement of membership.”
However, there is no evidence to acknowledge that the Defendant’s evidence No. 1 alleged as the above club rule was incorporated into the content of the instant membership agreement, and the Defendant’s above assertion is added.