beta
Text
1. The Defendant: 6% per annum from July 18, 2013 to March 31, 2014 with respect to each of the above 35,000,000 won and each of the above 35,000 won to the Plaintiffs.
Reasons
Plaintiff
Standing Co., Ltd.: October 6, 2010; and Plaintiff Composition Industry Development Co., Ltd., Ltd., the same month;
8. The Defendant paid 50,000,000 won each of the instant membership fees (hereinafter “instant membership fees”) to the Defendant, upon receiving membership fees from the Defendant in relation to the use of the eungposium operated by the Defendant. After the lapse of two years, the term of membership, the Defendant decided to return the instant membership fees to the Plaintiffs upon the request of the Plaintiffs after the lapse of two years, and the Defendant requested the return of the instant membership fees on October 18, 2012; the Plaintiff Orstein Company requested the Defendant to return the instant membership fees on July 19, 2013; and the Defendant returned KRW 15,00,000,000 among the instant membership fees to the Plaintiffs on July 17, 2013, since there is no dispute between the parties, the Defendant is obligated to return the unpaid amount to the Plaintiffs, barring special circumstances.
The Defendant asserted to the effect that it is impossible to comply with the Plaintiffs’ claims because the Defendant filed an application for commencement of corporate rehabilitation and made a comprehensive prohibition order and disposition of preservation of property. However, according to the written evidence Nos. 11 and 12, it can be recognized that the rehabilitation procedure for the Defendant was commenced and abolished on August 18, 2015. Thus, the Defendant’s assertion is without merit.
Therefore, as the Defendant is liable to pay each of the 35,00,000 won unpaid to the Plaintiffs as well as damages for delay calculated by the rate of 6% per annum under the Commercial Act from July 18, 2013 to March 31, 2014, the delivery of a copy of the complaint in this case, which is the delivery of a copy of the complaint in this case, from the next day to September 30, 2015, and 15% per annum from the next day to the day of full payment.
Therefore, the plaintiffs' claim of this case is justified and it is so decided as per Disposition.