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(영문) 서울중앙지방법원 2016.05.26 2016가단5035584

보증금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from March 16, 2016 to the date of full payment.

Reasons

On March 2, 2011, the Plaintiff received membership fees from the Defendant and paid KRW 150,000,000 (hereinafter “instant membership fees”) to the Defendant in relation to the use of the Defendant’s membership golf club. The Defendant, upon the Plaintiff’s request after five years of the membership period, ordered the Plaintiff to return the instant membership fees. On January 6, 2016, the Plaintiff sent a certificate of contents requesting the return of the instant membership fees upon the expiration of the membership period to the Defendant on March 1, 2016, and the fact that the said certificate reached the Defendant around that time can be acknowledged by comprehensively taking into account the overall purport of the pleadings as set forth in subparagraphs 1 through 4. Thus, the Defendant is obligated to refund the instant membership fees and delay damages to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 150,000,000 as well as damages for delay calculated at the rate of 15% per annum from March 16, 2016 to the day of full payment, as the day following the delivery of a copy of the instant complaint, as the Plaintiff seeks.

Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.