logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.30 2016가단5128325
입회금반환
Text

1. The defendant shall pay 150,000,000 won to the plaintiff and 15% per annum from June 29, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 29, 2011, the Plaintiff entered into a contract with the Defendant to join the instant club (hereinafter “instant club”) with the Defendant as a regular member (hereinafter “instant membership contract”), and paid 150,000,000 won to the Defendant as a membership fee (hereinafter “instant membership fee”), and acquired the qualification for the instant club as of April 29, 201.

B. At the time of the instant membership agreement, the Defendant agreed to return the instant membership fee to the Plaintiff (hereinafter “instant agreement”), upon the lapse of five years after the Plaintiff acquired the qualification as a regular member of the instant club, and demanding the return of the instant membership fee, the Defendant agreed to return the instant membership fee to the Plaintiff.

C. On March 28, 2016, the Plaintiff: (a) obtained the Defendant’s license to purify the instant club; (b) sent to the Defendant a content-certified mail containing a declaration of intent to return the instant membership fee; and (c) around that time, the content-certified mail sent to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Plaintiff shall be deemed to have withdrawn from the instant club on April 29, 2016. Therefore, the Defendant is obligated to pay to the Plaintiff the Plaintiff the amount of KRW 150,000,000 and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 29, 2016 to the date of full payment, which is the day following the delivery date of a copy of the instant complaint.

3. Conclusion, the plaintiff's claim of this case is accepted on the grounds of its reasoning.

arrow