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(영문) 서울중앙지방법원 2017.04.06 2016가단5269073
보증금반환
Text

1. The Defendant’s KRW 150,000,000 as well as 6% per annum from October 21, 2016 to November 18, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 12, 201, the Plaintiff: (a) paid and acquired one golf club membership fee of KRW 150,000,000 (five-year grace period) operated by the Defendant from the Defendant to the Plaintiff; and (b) determined that “The membership fee shall be paid to the Company as a membership deposit for a regular member; and (c) the Company shall be returned at the time of the withdrawal.” (d) The Company shall refund the membership fee within one month from the date of the request for return.”

B. On September 19, 2016, the Plaintiff notified the Defendant of the withdrawal request and the return of the membership fee by mail verifying the content of the report, and the Defendant received the above notification on September 20, 2016, and still did not return the membership fee to the Plaintiff.

[Ground of recognition] There is no dispute, or the purport of Gap's statements and the whole pleadings

2. According to the facts of the above recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 150,00,000 for admission fee of KRW 150,000 and damages for delay calculated at the rate of 6% per annum under the Commercial Act from October 21, 2016 to November 18, 2016, which is the delivery date of the complaint of this case, from September 20, 2016, which is the day after the lapse of one month from September 20, 2016, which is the day after delivery date of the complaint of this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day

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