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(영문) 서울중앙지방법원 2016.07.22 2015가단5373715
입회보증금반환 청구
Text

1. The Defendant shall pay to the Plaintiffs each of the KRW 35,820,000 and each of the said KRW to the day of full payment from December 17, 2015.

Reasons

1. Basic facts

A. The Defendant is a company that operates the golf telecom.

B. On November 7, 200, Plaintiff A subscribed as a member of the Defendant Company with the respective enrollment period of 10 years on November 27, 2000, and Plaintiff B paid KRW 35,820,000 as the membership deposit.

After the expiration of the enrollment period, the defendant agreed to refund the security deposit to the plaintiffs when there is a claim for refund from the plaintiffs.

C. After November 7, 2015, Plaintiff A extended the membership period by November 7, 2015, and Plaintiff B by November 27, 2015.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Accordingly, the Defendant is obligated to pay to the Plaintiffs the amount of KRW 35,820,00 for each of the 35,820,000 and the damages for delay calculated at the rate of 15% per annum from December 17, 2015 to the day of complete payment, which is the day following the day when a copy of the complaint of this case stating the Plaintiffs’ declaration of intent to claim the return of the observer’s deposit,

(1) The plaintiffs A and B claimed damages for delay from the day following the expiration date of the membership period, but as seen earlier, they agreed that the due date for repayment of the security deposit shall arrive at the time of the claim for refund of the security deposit after the expiration of the membership period. There is no evidence to acknowledge that the plaintiffs claimed the return of the security deposit to the defendant before the filing of the lawsuit in this case.

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