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1. The defendant shall pay 130,000,000 won to the plaintiff and 20% per annum from June 25, 2014 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. The following facts can be acknowledged in full view of the following facts and the purport of Gap evidence Nos. 1 through 3 and the whole arguments.
1) On May 2, 2008, the Plaintiff and the Defendant changed the name of the three-ton agreed to the three-ton agreed to operate of the Defendant (after that, the name of the three-year agreed to be “catr clubs”).
hereinafter referred to as “instant golf course”
(2) On June 30, 2009, the Plaintiff: (a) entered into a golf club membership agreement with the Defendant to pay KRW 90,000,000 to the Defendant; and (b) paid the full amount of the said membership fee to the Defendant three times. (c) On June 30, 2009, the Plaintiff paid the Defendant additional amount of KRW 40,000,000 to the Defendant.
3) According to the above membership agreement, a member may request the return of the membership fee after five years from the opening date (Article 2(5) of the Membership Agreement), and the instant golf course opened on June 20, 209. 4) The Plaintiff sent a certificate of the content that the Plaintiff requested the Defendant to return the membership fee on June 11, 2014, and around that time, the said certificate was served on the Defendant.
B. According to the above facts, the Plaintiff’s declaration of intent to request the return of the membership fee as of June 11, 2014 becomes effective from the 20th of the same month before the fifth anniversary of the opening date. Thus, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 20% per annum as determined by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 25, 2014 following the delivery of the copy of the instant complaint to the date of full payment, as sought by the Plaintiff.
2. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.