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(영문) 서울남부지방법원 2020.11.17 2020가단265024
입회비반환청구
Text

1. The defendant shall pay to the plaintiff KRW 3,004,521 as well as KRW 33,00,000 from July 1, 2020 to August 12, 2020.

Reasons

If the purport of the entire argument is added to the evidence Nos. 1 through 4, the plaintiff entered into a membership agreement with the defendant on February 28, 200 and paid 23,000,000,000 won with the security deposit, and 10,000,000 won with the security deposit to the defendant on February 28, 200. Upon the expiration of the membership period on February 28, 2020, the plaintiff made a claim for refund of the security deposit to the defendant on March 9, 2020 and the written application for return of the security deposit was to be returned within 60 days from the date of receipt. The defendant notified the plaintiff of the fact that the amount was returned by adding the interest of 5% per annum to the interest for delay on June 30, 2020, and the defendant paid 235,068 won to the plaintiff on June 30, 202.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the admission fee of KRW 33,00,000 and damages for delay calculated by 5% per annum from May 9, 2020 after the lapse of 60 days from the date on which the plaintiff applied for the return of the membership fee.

The plaintiff asserts that damages for delay shall accrue after the lapse of 10 days from the date on which the request for the return of membership fees is made pursuant to Article 27 subparagraph 4 of the Enforcement Decree of the Tourism Promotion Act. However, the above Enforcement Decree merely provides for the matters to be observed by the tourism business operator, and if there is an agreement between the parties, it shall be complied with. As seen earlier, if the plaintiff submitted an application for the return of the membership fees to the defendant within 60 days, it shall be deemed that he/she consented to the provisions for the return within

Meanwhile, damages for delay incurred from May 9, 2020 to June 30, 2020 shall be KRW 239,589 (i.e., KRW 33,00,000x 5%x 53/365, and less than KRW 235,068), and among which, the Defendant paid KRW 235,068 to the Plaintiff, the Defendant paid the Plaintiff KRW 33,004,521 (i.e., KRW 233,00,000 - KRW 239,589 - KRW 235,068) and the amount of KRW 33,00,000 among them, from July 1, 202 to the instant case.

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