beta
(영문) 제주지방법원 2016.09.09 2015가단55907

보증금반환

Text

1. The Defendant’s KRW 50,781,80 for the Plaintiff and its related KRW 6% per annum from July 16, 2015 to November 25, 2015.

Reasons

The Plaintiff entered into a membership agreement with the Defendant on July 14, 2005, and acquired qualification as a member on the date of full payment of the membership deposit, held qualification for ten years thereafter, and agreed that the Plaintiff would return the security deposit to the Plaintiff (hereinafter “instant membership agreement”), paid KRW 50,781,800 to the Defendant on July 15, 2005, and the fact that the Plaintiff applied for the withdrawal of the membership to the Defendant on or around June 2015 that the Plaintiff applied for the withdrawal of the membership did not conflict between the parties, or that the agreement of this case was terminated on July 15, 2015 by taking into account the overall purport of the entries and arguments in subparagraphs A and 6. Thus, the instant membership agreement was terminated on July 15, 2015.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50,781,80, and damages for delay calculated at the rate of 6% per annum under the Commercial Act from July 16, 2015 to November 25, 2015, the delivery date of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, pursuant to the above interest membership agreement.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.