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(영문) 서울중앙지방법원 2017.04.28 2016가단5211746
보증금반환
Text

1. The Defendant’s KRW 125,00,000 for the Plaintiff and 5% per annum from May 12, 2016 to October 5, 2016.

Reasons

1. Facts of recognition;

A. On May 11, 2011, the Plaintiff acquired the status of a member of the Defendant’s Gangseo-nam 300 consortium as follows:

Membership NumberC 125,000,000

B. At the time of the membership agreement with B, the Defendant agreed to return the security deposit to the Defendant on May 12, 2016, which is the day following the day when the qualification for regular members (five years) passes. The Plaintiff applied for the return of the security deposit to the Defendant on January 13, 2016.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff 125,00,000 won for membership deposit and 15% interest per annum as prescribed by the Civil Act from May 12, 2016 to October 5, 2016, the delivery date of a copy of the complaint of this case, and 15% interest per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

In light of the defendant's difficult financial situation, etc., the defendant asserts that some of the pre-paid cards want to be paid and the remainder of the pre-paid cards in installments, but the above assertion is not acceptable since there are no grounds for payment or installment payment of pre-paid cards.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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