beta
(영문) 인천지방법원부천지원 2020.09.09 2020가단5039

입회금반환

Text

The defendant shall pay 63,00,000 won to the plaintiff and 6% per annum from March 7, 2020 to September 9, 2020 and the next day.

Reasons

If the purport of the entire pleadings is added to the evidence Nos. 1 through 2, the Plaintiff entered into a resort condominium membership agreement with the Defendant on August 8, 2003, and paid KRW 63,000,000 to the Defendant as a membership fee. Article 5(1) of the membership contract provides that “If the Plaintiff claims the return of the membership fee after the expiration of the membership period, the Defendant shall return the membership fee within 10 days,” and the fact that the Plaintiff requested the Defendant to return the membership fee upon the expiration of the membership period on February 25, 2020 can be acknowledged.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 63,00,000 and the damages for delay calculated at the rate of 12% per annum under the Commercial Act from March 7, 2020 to September 9, 2020, the date following the expiration date of the membership period, which is 10 days after February 25, 2020, which is the last day of the period during which it is deemed reasonable to dispute as to the existence or scope of the defendant's obligation to pay to the plaintiff.

Thus, the plaintiff's claim is justified within the above scope of recognition, and the remainder is dismissed as there is no ground.