1. The Defendant’s KRW 39,00,000 and the Plaintiff’s annual rate of KRW 6% from June 5, 2015 to August 21, 2015, and the following.

1. Basic facts

A. On January 6, 2008, the Plaintiff entered into a membership agreement with the Defendant as a general member of the “Gangnam Sea” hotel owned by the Defendant, and paid KRW 39,000,000 to the Defendant.

B. In concluding the above contract, the Defendant agreed to return the security deposit after the lapse of five years from the opening of the hotel.

C. On June 5, 2015, after five years have passed since the opening of the said hotel, the Plaintiff demanded the Defendant to return the deposit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 4, purport of the whole pleadings

2. As the Plaintiff requested the Defendant to return the membership fee after five years from the opening of the Gangnam Sea Hotel, the Defendant is obligated to return the membership fee to the Plaintiff according to the agreement at the time of sale of membership.

Therefore, the defendant is obligated to pay to the plaintiff 39,00,000 won as membership fees and damages for delay calculated by applying each rate of 6% per annum from June 5, 2015 to the date of service of the copy of the complaint in this case (no dispute is raised by the defendant as to the initial date of the delayed damages) from August 21, 2015; 20% per annum from the next day until September 30, 2015; and 15% per annum from the next day to the date of full payment, as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

(The amendment of the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 1, 2015 to the amendment of the provision on statutory interest rate under the above Act was 15% per annum, and thus, the plaintiff's claim in excess of the above provision is rejected.