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(영문) 청주지방법원충주지원 2016.10.05 2016가단3358
입회금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 24,00,000 and the interest rate of KRW 15% per annum from June 2, 2016 to the date of complete payment.

Reasons

Comprehensively taking account of the respective descriptions and arguments as to Gap evidence Nos. 1, 2, and 3, the plaintiff entered into a membership agreement with the defendant on April 25, 201, which provides that "24,00,000 won for a condominium operated by the defendant, and 20 years for a membership period (hereinafter "the membership agreement of this case"), and Article 6 of the membership agreement of this case provides that "the plaintiff may use the right to claim the return of the membership fee only once every five years from the date on which he/she acquired the membership, and the plaintiff must notify the defendant in writing 30 days prior to the date on which he/she exercised the right to claim the return of the membership fee pursuant to Article 6 of the membership agreement of this case, but the defendant has not returned it up to the present day."

According to this, the defendant is obligated to pay to the plaintiff 24,00,000 won with 24,000,000 won and damages for delay at the rate of 15% per annum from June 2, 2016 to the day of full payment, which is the day following the delivery of the original copy of the payment order of this case, pursuant to Article 6 of the membership contract of this case.

If so, the plaintiff's claim is reasonable and acceptable.

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