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(영문) 청주지방법원충주지원 2015.12.17 2015가단5029
회원권납입원금
Text

1. The Defendant’s KRW 120,000,000 as well as 20% per annum from July 15, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Defendant is operating a royalty golf club, which is located on the Round-si, Chungcheongnam-si. (2) On June 28, 2010, the Plaintiff entered into a membership agreement with the Defendant and paid KRW 120,000,000.

The agreement that the defendant prepared to the plaintiff at the time stated as follows: "I will guarantee the return of principal when I request the return of principal after five years."

3) On July 8, 2015, the Plaintiff filed an application against the Defendant for a payment order claiming the return of the amount to be paid pursuant to the Cheongju District Court Decision 2015 tea591, and the original copy of the payment order issued by the said court was served on the Defendant on July 14, 2015. [In the absence of any dispute over the grounds for recognition, the entry of the evidence No. 1, and the purport of the entire pleadings.]

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 120,00,000,000 for the admission fee of the Plaintiff and the amount of delay damages calculated at the rate of 20% per annum from July 15, 2015 to September 30, 2015, which is the following day after the original copy of the instant payment order was served on the Defendant as requested by the Plaintiff, and from the following day to September 30, 2015 to the date of full payment.

(The statutory interest rate of 15% per annum from October 1, 2015 shall apply to the change of the statutory interest rate under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

A. The starting date of the Defendant’s argument that the date when the Plaintiff returned the membership fee was the date when the Plaintiff actually acquired membership fees was the opening date of a golf club, and five years have not yet passed since the Plaintiff’s claim for the return of the membership fee was not due. Therefore, the Plaintiff’s claim for the return of the membership fee did not arrive.

B. According to the language and text of the judgment agreement, the starting date of five years shall be deemed the date of document preparation (or the date of document payment), and the evidence submitted by the Defendant alone is insufficient to recognize that the time of return of the membership fee is the date of opening a golf course, and there is no other evidence to acknowledge this differently.

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