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(영문) 광주지방법원 2015.09.09 2015가단20556
입회보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 39,76,700 as well as 20% per annum from April 14, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On December 27, 2004, the Plaintiff concluded a contract (hereinafter “instant contract”) under which the Defendant subscribed to as a user of the facilities indicated in the attached Form (hereinafter “instant facilities”) upon paying the Defendant the membership deposit amount of KRW 39,766,700, and applying for membership.

B. On March 26, 2015, the Plaintiff sought the return of the security deposit to the Defendant on the ground that the period of qualification expires.

C. Meanwhile, the instant contract provides for the following matters: (a) security deposit for membership, acquisition and holding period of membership, and return of security deposit for membership.

Article 2 (Deposit for Subscription)

1. The plaintiff shall pay 39,766,700 won as security deposit to the defendant.

2. The plaintiff shall deposit the security deposit under paragraph (1) with the defendant without interest for ten years.

Article 4 (Acquisition and Retention Period of Membership)

1. The plaintiff shall acquire membership by completely paying the security deposit under Article 2.

2. The Plaintiff’s qualification period shall be 10 years from the date of acquisition of qualification under paragraph (1).

3. If there is no objection between the plaintiff and the defendant within thirty days before the contract expires, the contract shall be deemed to have been extended under the same conditions.

Article 5 (Refund of Deposits)

1. The plaintiff shall deposit the amount set forth in Article 2 with the security deposit for admission with the defendant without interest during the membership period, and the defendant shall refund only the principal upon the plaintiff's claim for refund at the expiration of the membership period.

2. The plaintiff cannot request the defendant to refund the security deposit under Article 2 within the period of membership of the facility of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Plaintiff shall return the security deposit to the Defendant on March 26, 2015, which was after the expiration of the period of holding qualification for 10 years from December 27, 2004, which was the date of acquisition of qualification for the instant facilities.

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