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(영문) 제주지방법원 2016.06.10 2016가단4050
입회보증금반환
Text

1. The Defendant’s KRW 39,766,70 for the Plaintiff and KRW 5% per annum from September 23, 2014 to February 26, 2016.

Reasons

The Plaintiff entered into a membership agreement with the Defendant on August 27, 2004, and acquired qualification as a member on the date of full payment of the security deposit for the Defendant’s operation, held qualification for ten years thereafter, and agreed that the Plaintiff would return the security deposit to the Plaintiff (hereinafter “instant membership agreement”); the Plaintiff paid KRW 39,76,700 to the Defendant by September 22, 2004; the Plaintiff applied for the withdrawal of the membership to the Defendant on August 21, 2014, because there is no dispute between the parties, or the Plaintiff’s application for withdrawal is recognized by comprehensively taking into account the overall purport of the entries and arguments in subparagraphs A and 8, the instant membership agreement was terminated as of September 22, 2014.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 39,766,70, and damages for delay calculated at the rate of 5% per annum under the Civil Act from September 23, 2014 to February 26, 2016, the delivery date of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, pursuant to the above interest membership agreement.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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