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(영문) 제주지방법원 2017.01.20 2016가단7059
입회보증금반환
Text

1. The Defendant’s KRW 50,781,80 for the Plaintiff and its related KRW 5% per annum from April 27, 2016 to January 20, 2017.

Reasons

Basic Facts

A. On September 22, 2004, the Plaintiff entered into a membership agreement (hereinafter “instant agreement”) with the Defendant with the content that he/she joined the 37 square meters class 1/10 of the showers Dour Dour Dour Dour Dour Do (hereinafter “Dour Dour Dour”), respectively, for a ten-year period from the date of the acquisition of membership (the date of the full payment of the subscription deposit) and paid to the Defendant KRW 50,781,80 (hereinafter “the instant security deposit”) on the same day.

B. At the time of the instant membership agreement, the Plaintiff and the Defendant agreed that “the Plaintiff shall deposit the security deposit with the Defendant as without interest during the membership period, and the Defendant shall return only the principal when the Plaintiff claims the return of the Plaintiff’s refund at the expiration of the membership period (Article 5(1) of the membership agreement), and that “if both parties raise no objection within 30 days before the expiration of the membership agreement, the contract shall be extended under the same condition.”

(3) Article 4(1) of the Joining Agreement provides that the contract of this case is terminated upon the expiration of the contract term, barring any special circumstance, and thus, the Defendant is obliged to pay the Plaintiff the security deposit and its delay damages pursuant to Article 5(1) of the Joining Agreement, which is seeking the return of the security deposit for admission by delivery of a copy of the complaint of this case.

The defendant asserts that the plaintiff did not raise an objection from September 22, 2014, which was the expiration date of the contract of this case, to 30 days before the expiration date of the contract of this case, and thus automatically extended for 10 years, which is the same conditions as before, pursuant to Article 4 (3) of the contract of this case, the plaintiff did not have an obligation to refund the security deposit of

As to this, Article 4 (3) of the Contracts in this case is subject to subparagraph 6 of Article 9 of the Act on the Regulation of Terms and Conditions (hereinafter “Terms and Conditions Regulation Act”).

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