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(영문) 서울중앙지방법원 2016.10.07 2016가단5094446

입회보증금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from July 1, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 27, 2011, the Plaintiff entered into a membership agreement with a newly established member (individual) of the “gy clubs-fabage-fabrics Day” operated by the Defendant, and paid the down payment of KRW 50 million out of the membership deposit on the same day, and paid the remainder KRW 150 million in total, which is KRW 100 million on the 30th of the same month, and received a written confirmation of parcelling-out and acquired the individual membership.

B. At the time of the above contract, the Defendant agreed to refund the above security deposit to the Plaintiff upon the Plaintiff’s request for withdrawal from membership when five years have passed since the Plaintiff deposited the above security deposit with the Plaintiff.

C. On March 2016 and April 18, 2016, the Plaintiff filed an application for membership withdrawal with the Defendant and filed a claim for the return of the said security deposit.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the above security deposit of KRW 150 million and the damages for delay calculated by the rate of 15% per annum from July 1, 2016 to the date of full payment, which the plaintiff seeks after the delivery of a copy of the complaint of this case, to the day of full payment. Thus, the plaintiff's claim is justified, and it is so decided as per Disposition.