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1. The Defendant shall pay to the Plaintiff KRW 120,00,000 as well as 15% per annum from December 5, 2015 to the day of full payment.
Reasons
1. Basic facts
A. The Defendant is operating a membership golf course in the trade name, “roporain royalty club (hereinafter “the instant golf club”)”.
B. On July 30, 2010, the Plaintiff entered into the instant golf course membership agreement (hereinafter “instant golf course membership agreement”) with the Defendant, which pays KRW 120,000,000 as a membership fee, and was issued by the Defendant an agreement (hereinafter “instant agreement”) that guarantees the return of principal when the principal was requested to return the paid principal after five years from the Defendant, and paid the said membership fee on the same day.
C. On June 5, 2015, the Plaintiff sent a written request to the Defendant for the return of golf membership membership fees by mail to the effect that “the Plaintiff’s membership right has arrived on July 30, 2015 because the period for guaranteeing the return of the paid principal arrives, thus requesting the return of the membership fees.”
[Grounds for recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings
2. Determination as to the cause of the claim is based on the above facts of recognition, five years have passed since the deposit period of the membership fee stipulated in the membership agreement of this case was requested by the Plaintiff on June 5, 2015, and thus, the Defendant is obligated to pay interest for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the expiration date of the deposit period stipulated in the membership agreement of this case, to the Plaintiff as the refund amounting to KRW 120,000,000 as well as the deposit amount to the Plaintiff on June 5, 2015.
3. As to the Defendant’s assertion, the Defendant: (a) golf membership right and realization right of the instant golf club membership under the instant membership agreement; and (b) the entries of the instant agreement that the Plaintiff received at the time of joining the said golf club; or (c) the rules at the time of opening the instant golf club are premised on the opening of the golf club.