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(영문) 수원지방법원성남지원 2019.01.11 2018가단224711

기타(금전)

Text

1. The Defendant: (a) KRW 29,00,000 for the Plaintiff and 5% per annum from May 1, 2018 to January 11, 2019; and (b) the Plaintiff.

Reasons

Plaintiff

On April 30, 2008, the plaintiff joined as a hotel or D member operated by the defendant, and paid 39,000,000 won to the defendant on condition that he claims return after the lapse of 10 years from the membership registration date.

Since ten years have elapsed from the date of member registration on April 30, 2018, the defendant is obligated to pay to the plaintiff KRW 39,000,000 and damages for delay from May 1, 2018 to the date of full payment.

Judgment

The Plaintiff was admitted to a hotel and D’s membership on April 30, 2008 by the Defendant, and the Plaintiff and the Defendant agreed to claim the return of the membership fee paid by the Plaintiff to the Defendant after the lapse of ten years from the date of joining the membership, but there is no dispute between the parties, but it is insufficient to recognize that the membership fee paid by the Plaintiff to the Defendant is KRW 39,00,000,000 only with the entries in the evidence Nos. 2 and 3

However, the defendant is the person who received 29,000,000 won from the plaintiff on April 30, 2008. According to the evidence No. 2, the plaintiff must withdraw from the defendant's member on January 8, 2018 and claim the return of the membership fee to the defendant. The defendant is obligated to pay to the plaintiff 29,000,000 won and the damages for delay calculated at the rate of 15% per annum as stipulated by the Civil Act from May 1, 2018 to January 11, 2019, which is the date when ten years have elapsed from the date when the plaintiff entered the membership.

In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.