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1. The defendant shall pay 1,260,000,000 won to the plaintiff and 15% per annum from September 4, 2015 to the date of complete payment.
Reasons
1. The plaintiff's assertion
A. On April 2009, the Defendant is operating the Chumphe Charter, and the Plaintiff was entitled to membership for the fourth unit of the said club (E-74-12-0192/0193/0629/0630) and paid KRW 1,260,000,000 to the Defendant.
B. Article 8(1) of the rules of the Defendant’s club provides that “The membership fee shall be free of interest and interest for five years from the date on which the member’s qualification is acquired as a security deposit for membership (the date on which the transferee of the member’s qualification acquires the member’s qualification, if the member is transferred or acquired, and only the principal already paid shall be refunded if a request for withdrawal from the member is made thereafter.”
Accordingly, on July 9, 2015, when five years have passed since the date on which the Plaintiff acquired membership eligibility, the Plaintiff filed an application for withdrawal with the Defendant, and requested the return of the membership fee, but the Defendant did not return the membership fee on the ground that “the payment is made in installments due to the lack of any financial circumstance.”
C. Therefore, the Defendant seek reimbursement of KRW 1,260,000,000 and damages for delay.
2. Determination
A. The defendant recognizes the plaintiff's claim as it is.
B. Therefore, the Defendant is obligated to pay to the Plaintiff the Plaintiff the amount of KRW 1,260,00,000 as well as the delay damages calculated at the rate of 15% per annum from the day following the delivery date of the payment order ( September 4, 2015) to the day of full payment, which the Plaintiff seeks after the application date of the withdrawal.
3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.