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(영문) 서울중앙지방법원 2019.10.01 2019가단5089827
약정금
Text

1. The Defendant’s KRW 33,830,00 for the Plaintiff and KRW 6% per annum from December 1, 2018 to March 28, 2019.

Reasons

1. Facts of recognition;

A. At the time of the establishment of the Defendant Corporation on November 30, 200, the first trade name of the Defendant was “F” but was changed to “F” on April 23, 2001. On November 4, 201, the Plaintiff changed to “B” a trade name as of November 4, 201, and deposited KRW 33,830,000 as a security deposit in “D” operated by the Plaintiff and joined as a member (member number E).

B. At the time of member membership, the defendant set a grace period of the above membership as 10 years from the date of membership (by November 30, 200) (by November 30, 201), and decided to refund the security deposit from the plaintiff after the expiration of the grace period. On October 5, 2010, immediately before the expiration of the above grace period, the plaintiff and the defendant agreed to extend the grace period of the above security deposit (the retention period) to seven years.

C. On November 2, 2017, the Plaintiff revealed that he/she did not intend to maintain the qualification for membership and requested the Defendant to refund the security deposit.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 8 (including branch numbers, if any) and the purport of whole pleadings

2. According to the facts of the determination as to the cause of the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 12% per annum, which is the overdue interest rate prescribed by the Commercial Act, from December 1, 2018 to March 28, 2019, which is the statutory interest rate of the Plaintiff from March 28, 2019, which is the date when the original copy of the instant payment order was served, from December 1, 2018 to March 28, 2019, 15% per annum, which is the overdue interest rate prescribed by the former Act on Special Cases concerning the Promotion, etc. of Legal Proceedings until May 31, 2019, and from the following day to the date of full payment.

3. Accordingly, the plaintiff's claim of this case seeking its implementation is justified, and it is so decided as per Disposition.

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