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(영문) 서울동부지방법원 2016.02.24 2015가단119919
입회금반환
Text

1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 20% per annum from August 11, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. On February 25, 2010, the Plaintiff paid KRW 100,00,00 to the Defendant for membership fee of KRW 100,00 to the Defendant, and the Plaintiff and the Defendant agreed to return the membership fee at the Plaintiff’s request upon the lapse of five years from the opening date of the hotel in Gangnam-dong, which was set a grace period of five years at the time of the said sale; the grace period of the membership fee expires on July 15, 2015; the Plaintiff filed an application for the withdrawal of the membership fee with the Defendant on June 1, 2015; and on July 23, 2015, the Plaintiff filed the instant lawsuit against the Defendant seeking the return of the membership fee, and served on the Defendant on August 10, 2015, the fact that there is no dispute between the parties, or that the Plaintiff and the Defendant agreed to return the membership fee upon the request of the Plaintiff on July 15, 2015, together with the purport of the entire pleadings.

According to the above facts, pursuant to the above return agreement, the defendant is obligated to pay to the plaintiff 100,000,000 won and damages for delay calculated by the rate of 20% per annum from August 11, 2015 to September 30, 2015, and 15% per annum from the next day to the day of full payment under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., which is obviously a day after the delivery of the complaint of this case filed by the plaintiff.

2. If so, the plaintiff's claim is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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