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(영문) 수원지방법원성남지원 2017.10.25 2017가단203632
기타(금전)
Text

1. The Defendant shall pay KRW 5,004,132 to the Plaintiff the annual rate of KRW 15% from August 1, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On December 1, 1996, the Plaintiff entered into a membership agreement with the Defendant for a golf club business and its ancillary business, with the content that: (a) the Plaintiff shall join as a member of the Gangnam 300 consortium club operated by the Defendant and pay KRW 100,000,000 as the security deposit for the membership (hereinafter “instant security deposit”).

B. After that, while the Plaintiff’s membership period was renewed on a five-year basis in accordance with the terms and conditions of the above membership agreement, the Plaintiff sent to the Defendant a certificate of the content that the Plaintiff requested the return of the observer’s and the instant deposit upon the expiration of the membership period, and around that time, the said certificate was served on the Defendant.

C. Accordingly, the Defendant, while the instant lawsuit was pending on July 11, 2017, remitted KRW 60,000,000 to the Plaintiff, and KRW 40,000,00 on July 31, 2017, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including each number, if any) and the purport of the whole pleadings

2. According to the above findings of determination, KRW 60,00,00, which the Defendant remitted to the Plaintiff on July 11, 2017, was 1,594,520 (i.e., 100,000,000 won per annum from December 2, 2016 to March 8, 2017 (i.e., the delivery date of a copy of the complaint of this case x 97/365 x 60% of the principal x 00,000 won x 60,000 won x 60,000 won x 360,000 won x 60,000 won x 60,000 won x 360,560,000 won x 15,5615,665,06,050 won x 165,605,065,065% of the remainder of the instant damages (hereinafter “Special Cases”).

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