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(영문) 서울동부지방법원 2016.08.17 2016가단6928
입회금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 22,035,850 as well as 15% per annum from July 1, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On November 16, 2010, the Plaintiff joined the Gangseo-si Recreation Condominium (No. 46-B-type 1 unit), located in 100, the Defendant’s office in Young-si, Young-gu, Gangwon-do, as a member, and paid KRW 52 million as a membership fee to the Defendant on the same day.

At the time of joining the above member, the Plaintiff acquired the membership from the date of full payment of the membership fee, and used the right to request a return only once every five years from the date of acquiring the membership, and the Plaintiff shall notify the Defendant in writing not later than 30 days prior to the date of exercising the right to request a return.

B. On October 16, 2015, the Plaintiff issued to the Defendant a certificate of content that the Plaintiff returned membership and exercised the right to claim the return of membership fees.

C. After the filing of the instant lawsuit, the Defendant paid KRW 10 million to the Plaintiff on April 29, 2016 and May 31, 2016, respectively, and KRW 13 million on June 30, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Eul evidence 1-2, Eul evidence 5-1, 2, Eul evidence 5-2, Eul evidence 6, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, according to the Plaintiff’s exercise of the right to claim the return of the membership fee as of October 16, 2015, the Defendant is obligated to pay KRW 52 million to the Plaintiff as stipulated in the above agreement.

B. The Plaintiff filed an application for reduction or alteration of the purport of the claim on July 6, 2016 with the Defendant who claimed payment of the above membership fee of KRW 52 million and damages for delay at the rate of KRW 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the delivery date of a copy of the complaint of this case to the day of complete payment. It is evident that the instant complaint was served on the Defendant on January 25, 2016.

The above money that the Defendant paid to the Plaintiff was first appropriated to the damages for delay from January 26, 2016 to the payment date of the above money, and the remaining money was appropriated to the above membership fee.

1. April 29, 2016

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