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1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from June 29, 2016 to the day of full payment.
Reasons
1. Facts of recognition;
A. On May 13, 201, the Plaintiff entered into a contract with the Defendant to join the Defendant’s “gymar golf F&L Lone Star” club (hereinafter “instant club”) as a regular member (hereinafter “instant membership contract”). On May 16, 201, the Plaintiff paid the Defendant the sum of KRW 150,000,000, including the down payment of KRW 15,000,000 on the 13th of the same month, and the remainder of KRW 135,00,000 on the 16th of the same month as the membership fee (hereinafter “instant membership fee”), and acquired the qualification for the regular member of the instant club as of May 16, 2011.
B. At the time of the instant membership agreement, the Defendant agreed to return the instant membership fee to the Plaintiff (hereinafter “instant agreement”), upon the lapse of five years after the Plaintiff acquired the qualification as a regular member of the instant club, and demanding the return of the instant membership fee, the Defendant agreed to return the instant membership fee to the Plaintiff.
C. On February 22, 2016, the Plaintiff: (a) obtained the Defendant’s license to purify the instant club; (b) sent to the Defendant a content-certified mail containing a declaration of intent to return the instant membership fee; and (c) around that time, the content-certified mail sent to the Defendant.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings
2. According to the above facts finding as to the cause of the claim, the Plaintiff was admitted to the instant club on May 16, 2016, and thus, the Defendant is obligated to return the instant membership fee to the Plaintiff in accordance with the instant agreement.
Therefore, the plaintiff's assertion seeking this is justified.
3. Accordingly, the Defendant is obligated to pay to the Plaintiff the Plaintiff the amount of KRW 150,00,000 as well as damages for delay calculated by the rate of 15% per annum from June 29, 2016 to the day of full payment, as the day following the delivery date of a copy of the instant complaint, as the Plaintiff seeks.