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1. The Defendant’s KRW 39,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 16, 2015 to July 7, 2016.
Reasons
On March 7, 2008, the Plaintiff purchased a general membership right against the Defendant’s “Gangnam-dong Hotel” operated by the Defendant, and paid 39,000,000 won to the Defendant. The Plaintiff and the Defendant agreed to refund the deposit upon a member’s request for refund after the lapse of five years from the opening date of the hotel. The Defendant opened the hotel on July 15, 2010. The Plaintiff claimed the return of the deposit to the Defendant on May 4, 2015, but the Defendant did not dispute between the parties, or based on the overall purport of the pleadings as stated in the evidence No. 1 or No. 7.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 39,00,000 won for admission fee of 39,000,000 and damages for delay at each rate of 5% per annum prescribed by the Civil Act from July 16, 2015 to July 7, 2016, the delivery date of a copy of the complaint of this case, 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.
Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.