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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 85,00,000 and the interest rate of KRW 15% per annum from August 1, 2017 to the date of full payment.
Reasons
1. Facts of premise;
A. The Plaintiff paid KRW 105,000,000 as a membership fee at the time of filing an application for withdrawal after five (5) years from May 25, 2007, the opening date in the steel club located in the Seocheon-si, Seocheon-si, Young-si, Sincheon-si, Sincheon-si, which was established by Dong-do Co., Ltd., and subscribed to a golf course as a membership
(hereinafter referred to as “Membership Agreement”). (b)
The Defendants acquired the above golf course business and succeeded to the membership agreement pursuant to the Installation and Utilization of Sports Facilities Act. According to the membership plan, the Plaintiff returned KRW 20,000,000 out of the membership fee, and the deadline for return of the remaining amount was extended on March 17, 2017.
C. On February 24, 2017, prior to the deadline for the return of the above membership fee, the Plaintiff received the application documents for the withdrawal of members of a steel club from the Defendants, and sought the return of KRW 85,000,000 (=105,000,000-20,000).
[Ground of recognition] Facts without dispute, entry of Gap evidence 2, purport of whole pleadings
2. According to the premise of determination, the Plaintiff expressed his/her intent to withdraw immediately before the due date for the return of the membership fee extended to the Defendants and demanded the return of the remaining amount of the membership fee. Since the lawsuit of this case was filed after the due date, the Defendants, as merchants, are jointly and severally obligated to pay to the Plaintiff the amount of KRW 85,00,000 and the amount calculated by the annual rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 1, 2017 to the date of full payment, which is the date the Plaintiff seeks, pursuant to Article 57(1) of the Commercial Act
3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.