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(영문) 서울중앙지방법원 2015.12.04 2015가합563855
입회금반환
Text

1. The Defendant: 125,00,000 won for Plaintiff A; 50,000,000 won for Plaintiff B; and 39,000,000 won for Plaintiff C and each of the said money.

Reasons

1. Basic facts

A. The Plaintiffs paid the membership fees to the Defendant and received the sales of D hotel memberships operated by the Defendant as follows.

Plaintiff

A observer A 125 million won on October 28, 2008, 2000 won B B B on April 15, 2009, KRW 39 million,000,000 won, i.e., 50 million on April 15, 2009

B. The Plaintiffs and the Defendant agreed to refund the membership fee at the request of the members after five years from the opening of the D hotel at the time of sale of membership.

C. On June 2014 and August 2014, 2014 or around September 2014, the Plaintiffs requested the Defendant to return the amount of membership.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts of recognition, since the plaintiffs requested the defendant to return the membership fee five years after the opening of the D hotel, the defendant is obligated to return the membership fee to the plaintiffs according to the agreement at the time of sale of membership.

Therefore, the defendant is obligated to pay to the plaintiff A 125,00,000 won, 50,000,000 won to the plaintiff B, 39,000,000 won to the plaintiff C, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 17, 2015 to the day of full payment, as the plaintiffs seek.

3. In conclusion, the plaintiffs' claims are with merit, and it is decided as per Disposition by admitting them.

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