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(영문) 대구지방법원 2016.11.17 2016가단118872
입회금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 39,00,000 and the interest rate of KRW 15% per annum from August 30, 2016 to the date of full payment.

Reasons

The Defendant is a company operating a golf club. On November 29, 2010, the Plaintiff entered into a membership agreement with the Defendant on “80,000,000 won for each unit” with respect to the “General Standing Membership B located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do,” and the period of deposit. Since then, the Plaintiff deposited KRW 79,00,000 for the account designated by the Defendant. According to the above membership agreement, the Defendant decided to return the deposit to the Defendant, and the Plaintiff requested the return of the deposit to the Defendant. The Defendant returned the deposit to the Defendant by July 6, 2016 and July 30, 2016.

“The fact that the Plaintiff prepared a membership return contract, and thereafter the Defendant returned KRW 40,000,000, which is a part of the security deposit, to the Plaintiff, can be acknowledged by the respective statements in the evidence Nos. 1 and 2.

Thus, the defendant is obligated to pay to the plaintiff 39,00,000 won (79,00,000 won - 40,000,000 won) and damages for delay calculated at the rate of 15% per annum from August 30, 2016 to the day of full payment, which is the day following the delivery of a copy of the complaint.

Therefore, the plaintiff's claim is accepted as reasonable.

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