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(영문) 서울중앙지방법원 2017.05.02 2016가단5189610
입회금반환
Text

1. The Defendant: (a) KRW 39,00,000 and the Plaintiff’s annual rate from June 27, 2015 to August 23, 2016; and (b) August 24, 2016.

Reasons

On February 29, 2008, the Plaintiff entered into a contract with the Defendant to acquire membership fees for the Gangnam-dong hotel operated by the Defendant and paid KRW 39 million to the Defendant. The Defendant agreed to return the membership fees to the Plaintiff upon the lapse of five years from the opening date of the Gangnam-dong hotel, and the Plaintiff claimed the return of the membership fees to the Defendant on June 26, 2015, which was after the expiration of the period. There is no dispute between the parties.

Therefore, pursuant to the agreement, the Defendant should pay to the Plaintiff the amount of KRW 39 million and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from June 27, 2015 to August 23, 2016, which is the day following the date on which the instant complaint was served, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 24, 2016 to the day of full payment.

As the plaintiff's claim is legitimate, it is decided as per Disposition.

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