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(영문) 수원지방법원평택지원 2015.11.20 2015가합9365
입회금반환청구의 소
Text

1. The Defendant shall pay the Plaintiff KRW 700,000,000 and the interest rate of KRW 15% per annum from September 29, 2015 to the date of full payment.

Reasons

1. Grounds for recognition;

A. On February 29, 2008, the Plaintiff entered into a membership agreement with the Defendant as a regular member of the Enden Blue Club located in the area of Ansan-si operated by the Defendant, and paid the Defendant KRW 70 million on the same day as the membership fee, KRW 80 million on March 5, 2008, KRW 350 million on March 6, 2008, and KRW 700 million in total.

B. Around January 2007, Article 8 of the Rules and the Terms and Conditions for Use posted by the Defendant on the Enbbbru consortium website provides that “(1) admission fees shall be deposited with interest without delay in the company for five (5) years from the date of opening as membership deposit, and if there is a request for withdrawal, only the principal shall be returned in accordance with the prescribed agreement determined by the company; hereinafter. 2) admission fees shall be returned within three (3) months from the date of written request for return.”

C. On June 29, 2015, the Plaintiff sent a certificate of content demanding the return of the membership fee to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 4, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 70 million and the damages for delay calculated at the rate of 15% per annum from September 29, 2015 to the date of full payment after three months from the date the Plaintiff’s certificate of content was presumed to have reached the Defendant on June 29, 2015.

(3) If so, the plaintiff's claim is reasonable, and it is so decided as per Disposition by the assent of all participating Justices on the bench.

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