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(영문) 울산지방법원 2015.04.30 2014가합4725

입회금 반환

Text

1. The Defendant shall pay to the Plaintiff KRW 500,000,000 as well as 20% per annum from July 26, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On July 16, 2009, the Plaintiff entered into an agreement with the Defendant on the individual membership of the Yangsan Denmark (hereinafter “instant membership agreement”) and paid KRW 500 million to the Defendant as the membership fee.

B. The membership agreement of this case provides that "the plaintiff shall not demand the defendant to return the full amount of the membership fee for five years from the date of full payment, and where the plaintiff's withdrawal request is made after five years, the defendant shall return only the principal."

C. The duplicate of the instant complaint reached the Defendant on July 25, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. It is reasonable to view that the Plaintiff’s filing of the instant lawsuit against the Defendant seeking the return of membership fees on July 15, 2014 after five (5) years from July 16, 2009, a grace period of the time when the instant membership agreement was concluded, was the declaration of intention to the Hasan Ships’s Society (U.S.) association, and that the instant membership agreement was terminated on July 25, 2014, a delivery date of the instant complaint containing the Plaintiff’s expression of intent.

Therefore, the defendant is obligated to pay to the plaintiff the amount of KRW 50 million and the damages for delay calculated at the rate of 20% per annum from July 26, 2014 to the day of full payment, which is the day following the delivery of a copy of the complaint, as stipulated in the membership agreement of this case.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.