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(영문) 서울중앙지방법원 2016.05.26 2016가단5051012
보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from April 1, 2016 to the date of complete payment.

Reasons

On January 18, 201, the Plaintiff received membership fees from the Defendant in relation to the use of the golf club operated by the Defendant and paid KRW 150,00,000 (hereinafter “instant membership fees”) to the Defendant. The Defendant is obligated to refund the instant membership fees and delay damages to the Plaintiff upon the Plaintiff’s request after five years of the membership period. The Plaintiff sent a certificate of request for the return of the instant membership fees to the Defendant by January 18, 2016 when the membership period expires on or after December 18, 2015. The fact that the said certificate reaches the Defendant on December 29, 2015 can be acknowledged by taking into account the overall purport of the pleadings as set forth in subparagraphs A through 7 (including various numbers). Thus, the Defendant is obligated to refund the instant membership fees and delay damages to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 150,000,000 as well as damages for delay calculated at the rate of 15% per annum from April 1, 2016 to the day of full payment, as the day following the delivery of a copy of the instant complaint, as the Plaintiff seeks.

Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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