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The defendant shall pay to the plaintiff KRW 108,728,251 as well as 6% per annum from March 4, 2020 to August 21, 2020 and the next day.
Reasons
1. Basic facts
A. From August 2005 to July 2008, the Plaintiff entered into a golf club membership agreement with the Defendant and acquired four membership rights (the total amount of KRW 2,350,000,000) of the golf course run by the Defendant.
B. Around April 4, 2018, when the Plaintiff requested the Defendant to withdraw from membership and return the membership fee, the Plaintiff and the Defendant concluded an agreement on the repayment of the membership fee (hereinafter “instant implementation agreement”) stating that “The Defendant shall pay to the Plaintiff KRW 100 million as of the end of each month from May 28, 2018 to April 30, 2020 (Provided, That the payment shall be KRW 50,000,000 as of June 30, 2019). If the Defendant fails to refund the membership fee within seven days from the payment date, he/she would lose the benefit of the deadline, and make payment at once including the remaining amount of the repayment and the interest at the rate of 6% per annum.”
C. By August 31, 2018, the Defendant paid the Plaintiff membership fee pursuant to the instant implementation agreement, and delayed the duty to return the membership fee that became due as of September 30, 2018.
The details of the admission fee and appropriation that the Defendant paid to the Plaintiff by December 29, 2019 are as shown in attached Form 1.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion delayed the repayment of the obligation due as of September 30, 2018, and the Defendant’s delay incurred interest of 6% per annum on the total amount of KRW 1,950,00,000 for the remaining obligation as of October 8, 2018, and the interest for delay accrued at the rate of 6% per annum. The repayment amounting to eight times thereafter was appropriated for all principal. From July 30, 2019, the damages for delay calculated by the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., which is the day following the delivery of the copy of the instant complaint. The damages for delay calculated as of December 29, 2019 when the Defendant fully repaid the principal is “2.”