회원권 입회보증금 반환 청구
1. The Defendant’s KRW 40,239,00 for the Plaintiff and 5% per annum from February 24, 2016 to April 21, 2016.
The Plaintiff entered into a membership agreement with the Defendant on January 4, 2006, and acquired the membership on the date of full payment of the security deposit for the Defendant’s operation, held the membership for ten years thereafter, and agreed that the Plaintiff would return the security deposit to the Plaintiff (hereinafter “instant membership agreement”); the Plaintiff paid KRW 40,239,000 to the Defendant on January 4, 2006; the Plaintiff applied for the withdrawal of the membership on November 13, 2015; and the Plaintiff’s application for withdrawal to the Defendant on or around November 13, 2015 can be recognized by comprehensively taking into account the dispute between the parties or the overall purport of the entries and arguments in subparagraphs A and 4. Accordingly, the instant membership agreement was terminated on January 4, 2016.
Therefore, the Defendant is obligated to pay to the Plaintiff 40,239,000 won as the membership deposit and damages for delay calculated at the rate of 5% per annum from February 24, 2016 to April 21, 2016, the delivery date of a copy of the complaint of this case, and 15% per annum from the next day to the day of complete payment, as the Plaintiff seeks.
Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.