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1. The Defendant: (a) KRW 240,00,000 for the Plaintiff and 20% per annum from September 26, 2015 to September 30, 2015; and (b) the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 5, Eul evidence 10-1 and 2:
The defendant operates a membership golf course with the trade name, "ropool golf club (hereinafter "the golf club in this case")" in the Danju-si dialogue.
B. On May 25, 2010, the Defendant entered into the instant golf club membership agreement with the Plaintiff and its members number G17-12-1041, G17-12-1042, and received a total of KRW 240,000,000 from the Plaintiff on the same day. In the agreement entered into and issued by the Defendant to the Plaintiff at the time (hereinafter “instant agreement”), the principal return is guaranteed when the Defendant requested the return of the paid principal after 5 years thereafter.
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2. According to the above facts finding as to the cause of the claim, since five years have passed since the deposit period of the membership fee stipulated in the instant agreement, the Defendant is obligated to pay to the Plaintiff a total of 240,000,000 won and damages for delay calculated at the rate of 20% per annum from September 26, 2015 to September 30, 2015, which is the day following the expiration date of the deposit period stipulated in the instant agreement, as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the day after the delivery of the copy of the complaint of this case sought by the Plaintiff.
3. On the Defendant’s assertion, the Defendant asserted that the Plaintiff’s membership fee is the date of actual acquisition of the Plaintiff’s membership, as the Plaintiff had the right to use the golf club of this case and the right to use the golf club of this case, and the time of return of the membership fee should be calculated from September 23, 201, which is the date of opening the golf club of this case. As such, the Plaintiff’s claim for return of the membership fee of this case did not arrive at the due date.
However, according to the language and text of the instant agreement, the golf club membership fee under the instant golf club membership agreement.