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(영문) 제주지방법원 2017.09.22 2017가단5913
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 81,142,80 and the interest rate of KRW 15% per annum from April 11, 2017 to the date of complete payment.

Reasons

On March 13, 2007, the Plaintiff entered into a membership agreement with the Defendant on two members of the Shuritius (221 L 2221 and L 2221 6222), and agreed to obtain membership on the date of full payment of the security deposit for ten years thereafter, and to return the security deposit to the Plaintiff upon the Plaintiff’s request for return at the expiration of the security deposit for membership. On the same day, the Plaintiff paid KRW 40,571,40, total amount of KRW 81,142,80, total amount of KRW 81,80, and the Plaintiff demanded the return of the security deposit to the Defendant on March 17, 2017, which was the expiration of the 10-year period under the above security contract. The Plaintiff’s request for the return of the security deposit to the Defendant on March 17, 2017 is not disputed between the parties, or can be recognized by comprehensively taking into account each of the entries and all of the arguments in subparagraphs 1 through 4 (including the serial number).

Therefore, according to the above membership agreement, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 81,142,800 as well as delay damages at the rate of 15% per annum from April 11, 2017 to the day of full payment, as the delivery date of a copy of the complaint of this case, as the Plaintiff seeks.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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