A. In full view of the respective descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the entire pleadings, the following facts are recognized:

1) On January 11, 2010, the Defendant entered into a membership agreement with the Defendant to enter the Cheongdo-dong-Dong and paid KRW 80,000,000 to the Defendant.

The deposit period is five years.

3 On June 26, 2015, the Plaintiff filed an application with the Defendant for the withdrawal of membership and the refund of the security deposit.

B. According to the above facts, upon the Plaintiff’s application for return after the lapse of five years from the deposit period, the Defendant is obligated to pay to the Plaintiff the amount of KRW 80,000,000 and the delay damages calculated at the rate of 5% per annum as the Plaintiff seeks from July 6, 2016 to November 3, 2015, the delivery date of the original copy of the instant payment order, as claimed by the Plaintiff, within the scope prescribed in the Commercial Act, from July 3, 2016 to the delivery date of the original copy of the instant payment order.

2. Calculation of appropriation for performance;

A. On November 22, 2015, the Plaintiff was paid KRW 40,000,000 from the Defendant, and KRW 40,000,00 on January 20, 2016.

B. Since there is no assertion and evidence that the person designated the obligation to be appropriated with respect to the amount received by the appropriation for performance, the amount of appropriation for performance under Article 477 of the Civil Act is calculated as follows.

80,000,000 to July 6, 2015, total interest of 1,621,621,917 won; principal of 38,378,083 won; and principal of 38,378,083 won; November 4, 2015; and November 9, 2015; 295,890; 41,621; 917; 13.20; 691; 180; 237; 40,000; 180; 327; 3278; 38,673; 283; 2084; 2014; 2016.216, Nov. 13, 2015;

3. Conclusion

A. Therefore, the Defendant paid the Plaintiff the principal amounting to KRW 2,802,244 and the Defendant’s payment as to the said amount.