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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Determination as to the claim against Defendant AJ
A. The facts that Defendant AJ joined as the Plaintiff’s member on June 3, 1996, and the Plaintiff’s member is obligated to pay monthly membership fees, and the above Defendant’s failure to pay KRW 1,519,00 from October 198 to December 13, 2013, may be recognized in full view of the purport of the entire pleadings as follows: (a) there is no dispute between the parties; or (b) there is no evidence Nos. 1, 2, and 5-3.
(B) The above defendant asserts that he has withdrawn from the Plaintiff Association on February 2002, and therefore there is no obligation to pay the subsequent membership fees, but there is no evidence to acknowledge such withdrawal.
According to the above facts, Defendant AJ is obligated to pay to the Plaintiff damages for delay calculated at the annual rate of 15% per annum from November 29, 2014 (the day following the delivery of a copy of the complaint of this case) to September 30, 2015, pursuant to Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, and Article 2(2) of the Addenda to the Regulations on Special Cases Concerning Legal Rate of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015; Presidential Decree No. 26553, Oct. 1, 2015); and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.
(1) As to the Plaintiff’s damages for delay from October 1, 2015 to the date of full payment, the Plaintiff claimed payment of 20% per annum. However, as to the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings amended by Presidential Decree No. 26553, Sept. 25, 2015; and pursuant to Article 2(2) of the Addenda of the same Act, the annual interest rate of 15% shall apply after October 1, 2015. As such, the Plaintiff’s damages for delay exceeds the annual interest rate of 15% from October 1, 2015 to the date of full payment.