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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 11, 2006, the Plaintiff entered into a membership agreement with Libera Co., Ltd. (hereinafter “Libera”), under which the said company had been operated, to join as a corporate member of the “Libera club” located in 237-5 Won-dong, Dobong-dong, Seodong-dong, which was operated by the said company, and paid KRW 121,50,000 on February 28, 2006.
B. After that, on April 23, 2007, the Plaintiff entered into the following agreements, which include the content of converting the above club into VIP members (hereinafter “instant membership agreement”) with Luxembourg on April 23, 2007, and additionally paid KRW 76,50,000 to the above company on April 25, 2007.
(1) The membership fee shall be acquired and held (1) the membership fee of KRW 198,00,000 (121,500,000 KRW 76,500,000) for VIP conversion cases (121,50,000) under Article 3 of the conditions of the membership. (1) The applicant shall obtain the membership fee after full payment of the membership fee under Article 2.
(2) The period of membership (contract period) of the applicant shall be five years from the date of acquisition of qualification under paragraph (1).
(3) After the expiration of the membership period, the company shall only refund the principal of the membership fee within three months after the member’s request for return in writing.
C. On February 9, 2012 and July 17, 2012, the Plaintiff notified Libers that the instant membership agreement was terminated on April 23, 2012, and the Plaintiff wishes to withdraw from the membership, and thus, the Plaintiff requested the return of the membership fee. D.
Despite the Plaintiff’s above request, Luxembourg did not return the Plaintiff’s membership fee, and on February 7, 2013, the Plaintiff filed a lawsuit against Luxembourg on February 7, 2013 against Seoul Southern District Court 2013Gahap2345.
Accordingly, on April 26, 2013, the above court held 198,00,000 won to the Plaintiff and 20% per annum from July 24, 2012 to February 18, 2013 and from the next day to the day of full payment.