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(영문) 제주지방법원 2015.11.10 2015가단52984

입회금반환

Text

1. The Defendant’s KRW 50,781,80 for the Plaintiff and its related KRW 5% per annum from June 5, 2013 to July 14, 2015.

Reasons

The Plaintiff entered into an agreement with the Defendant on June 4, 2003 as a member of a set of membership, 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 upon the Plaintiff’s request for return at the expiration of the period of membership; the Plaintiff paid 50,781,800 won to the Defendant by June 4, 2003; and the fact that the Plaintiff applied for the withdrawal of the membership to the Defendant on April 10, 2013 does not conflict between the parties.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50,781,80 of the membership deposit and the delay damages calculated at the rate of 5% per annum under the Civil Act from June 5, 2013 to July 14, 2015, which is the day following the date of returning the membership deposit, to the Defendant, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

If so, the plaintiff's claim is reasonable and acceptable.