입회금반환 청구의 소
1. The Defendant’s KRW 125,00,000 for the Plaintiff and the following: 5% per annum from January 24, 2014 to April 14, 2016.
On August 1, 1999, the Plaintiff received membership fees from the Defendant and paid KRW 125,00,000 (hereinafter “instant membership fees”) to the Defendant in relation to the use of the 300 golf course in Gangnam-gu operated by the Defendant. The Defendant, upon the Plaintiff’s request after five years of membership period, ordered the Plaintiff to return the instant membership fees, and the Plaintiff sent to the Defendant a certificate of the contents requesting the return of the instant membership fees within ten days on January 10, 2014, and the fact that the said certificate was delivered to the Defendant on January 13, 2014 can be recognized by each statement of subparagraphs 1 through 3, 1 and 2 (including the serial number). Thus, the Defendant is liable to return the instant membership fees and damages for delay to the Plaintiff, barring any special circumstances.
The defendant asserts that since 2014, the application for the return of membership fees by its members cannot be returned because of their failure to return it. However, such circumstance does not affect the defendant's obligation to return of this case.
Therefore, the defendant is obligated to pay to the plaintiff 125,00,000 won and damages for delay at each rate of 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, which is the date of this judgment, where it is deemed reasonable for the defendant to resist as to the existence of the obligation or the scope of the obligation of this case from January 24, 2014, after the day when the obligation of this case was discharged to the plaintiff. Thus, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.