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(영문) 서울서부지방법원 2018.06.12 2018가단1103
입회금반환
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 70,000,000 and the Defendant Co., Ltd. from November 3, 2017.

Reasons

1. The facts stated in the attached Form of the judgment as to the cause of the claim are confessioned by the Defendants.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 70 million from November 3, 2017, which is the day following the maturity date of the membership contract to the Plaintiff, to February 2, 2018, Defendant Dongdong Holdings Co., Ltd., on which the duplicate of the instant complaint is served to the Defendants, and to March 19, 2018, and to pay damages for delay calculated at the rate of 5% per annum as stipulated in each of the Civil Act until March 19, 2018, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

However, the Plaintiff sought damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, not statutory interest rates under the Civil Act, even for the period before the delivery of a copy of the complaint against the Defendants from the date following the maturity date of the contract period for the above return. However, statutory interest rate provisions that form the basis for calculating the amount of damages due to nonperformance of monetary obligations under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings apply from the date following the date on which the complaint seeking the

2. Conclusion, the Plaintiff’s claim against the Defendants is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit.

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