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(영문) 창원지방법원 2018.09.19 2018가단107087
입회금반환청구청구의 소
Text

1. The defendant shall pay to the plaintiff KRW 33,00,000, as well as 5% per annum from March 1, 2018 to May 9, 2018 and from the next day.

Reasons

1. Facts of recognition;

A. On February 28, 2011, the Plaintiff entered into a golf membership sale contract with the Defendant as a member of the ordinary day of the Plaintiff’s Rash Gyeongnam consortium, and paid KRW 38,000,000 to the Defendant (hereinafter “instant sales contract”) and KRW 38,00,000 to the Defendant.

B. The Plaintiff requested the Defendant to refund the amount of KRW 38,00,000 to the Defendant upon the expiration of the enrollment period stipulated in the instant sales contract, and the Defendant returned only KRW 5,000,000 among them.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. According to the above facts of determination, since the sales contract in this case ends at the expiration of the membership period, the defendant is obligated to pay to the plaintiff the remaining amount of KRW 33,00,000 and 5% per annum as stipulated in the Civil Act from March 1, 2018 to May 9, 2018, which is the day following the expiration of the membership period, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. Conclusion, the plaintiff's claim of this case is justified and accepted.

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