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(영문) 대전지방법원 2017.05.11 2016가단205325
보증금반환
Text

1. The Defendant’s KRW 40,239,00 for the Plaintiff and 6% per annum from January 25, 2015 to March 17, 2016.

Reasons

1. Facts of recognition;

A. On September 22, 2004, the Plaintiff entered into a membership agreement with the Defendant with the period of KRW 40,239,000, and ten (10) years from the date of the full payment of the security deposit for the membership and entered into the membership agreement with the Defendant with respect to the showers operated by the Defendant.

B. On January 25, 2005, the Plaintiff paid a full amount of a security deposit, and expressed to the Defendant the intent not to extend the contract within 30 days from January 24, 2015, which is the expiration date of the membership contract pursuant to Article 4 of the membership contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40,239,000 for membership deposit and the delay damages calculated at the rate of 6% per annum prescribed by the Commercial Act from January 25, 2015 to March 17, 2016, the delivery date of a copy of the complaint of this case, from January 25, 2015, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

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