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(영문) 서울북부지방법원 2015.10.29 2015가단24307
계약해제로 인한 원상회복
Text

1. The Defendant’s KRW 40,000,000 and its amount shall be 5% per annum from November 28, 2006 to June 29, 2015 to the Plaintiff.

Reasons

Comprehensively taking account of the purport of the whole arguments as to the evidence Nos. 1 through 6, the plaintiff entered into a contract with the defendant, an incorporated association C (hereinafter only referred to as the " Incorporated Association") on November 7, 2006, under which the plaintiff paid KRW 40 million to the account in the name of an incorporated association, and remitted KRW 40 million to the account in the name of an incorporated association. However, as the plaintiff did not have been issued with the above lifelong membership right from the defendant until now, it can be acknowledged that the plaintiff expressed his intention to cancel the above contract by the delivery of the copy of the complaint of this case. According to the above facts, the above sales contract was lawfully rescinded by the delivery of the copy of the complaint of this case. Thus, the defendant is obligated to restore the plaintiff to its original state by November 28, 2006 to the date of delivery of the copy of the complaint of this case, with the rate of 15% per annum from the day after June 29, 2015 to the day of delivery of the complaint of this case.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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