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(영문) 서울중앙지방법원 2015.11.13 2015가단17836
입회금반환
Text

1. Defendant B Co., Ltd.: 21,00,000 won, and 5% per annum from January 13, 2014 to November 13, 2015, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 12, 2009, the Plaintiff entered into a membership agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the membership of the “D Golf & SP Emph” (hereinafter “instant membership agreement”) and paid KRW 21,000,000.

B. According to the instant membership agreement, “the company (Defendant B) shall return the full amount of the membership fee to the members (Plaintiffs) upon the lapse of five years from the date of membership membership, and the member may request the company to return it before the maturity of five years and three months prior to the expiration of three months, and if the request for return is not made, the membership period shall be extended automatically by five years (Article 3 of the membership agreement).”

C. On October 2, 2013, the Plaintiff sent a content-certified mail demanding the return of the membership fee to Defendant B, and on October 4, 2013, the content-certified mail was served to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1, 3 through 5 (including paper numbers), the purport of the whole pleadings

2. Defendant B’s claim against Defendant B was requested from the Plaintiff on October 4, 2013, which was three months before the expiration of five years from January 12, 2009, a member of the membership under the instant membership agreement, and was requested from the Plaintiff on October 4, 2013, which was three months before the expiration of five years from January 12, 2009. As such, Defendant B is obligated to return KRW 21,00,000 to the Plaintiff on January 12, 2014, the expiration date of

Therefore, the Defendant is obligated to pay to the Plaintiff 21,00,000 won and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from January 13, 2014 to November 13, 2015, which is the date of this judgment, and 20% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. The Plaintiff filed a claim against the Defendant C, as the Defendant C Co., Ltd. (Co., Ltd. E prior to the change on December 30, 2014; hereinafter “Defendant C”) jointly and severally guaranteed the obligation under the instant membership agreement, Defendant C is jointly and severally liable to pay the Plaintiff membership fee and damages for delay.

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