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(영문) 수원지방법원 2016.11.24 2016가단33642
입회금 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 24,00,000 and the interest rate of KRW 15% per annum from August 30, 2016 to the date of complete payment.

Reasons

Facts of recognition

The defendant is a company established for the purpose of selling condominiums in lots.

On August 5, 2011, the Plaintiff entered into a membership agreement with the Defendant on the amount of KRW 24 million as a member fee of KRW 100,00,000, the Seocho-gu, Youngwon-gu, Youngwon-gu, Youngwon-gu, Seoul.

Article 5(1) of the membership contract provides that "A (Plaintiff) shall acquire membership from the date on which the membership fee prescribed in Article 3 is fully paid."

Article 6(3) provides that “A may use the right to claim the return of a membership fee only once on the date five years elapse from the date of membership acquisition, and Party A shall notify in writing to Party B (Defendant) 30 days before the right to claim the return.”

The Plaintiff’s admission fee of KRW 24 million to the Defendant on August 29, 2011 =

8.5. Down payment: 2.4 million won.

8. The balance 29.20 million won was paid in full.

Any content-certified mail stating that the Plaintiff shall exercise the right to claim the return of the membership fee as of August 29, 2016, under the same year.

7.20. 20.

7. 22. Each of the parties has reached the Defendant.

[Based on the fact that there is no dispute, each entry of Gap 1 through 3 (including a branch number if the plaintiff has a branch number) and the purport of the whole pleadings, but the above fact of recognition is established, the plaintiff acquired the right to claim the return of the membership on August 29, 2016, which was five years after August 29, 201, and notified the defendant in writing 30 days before the right to claim the return. Thus, the defendant is obligated to return the membership fee to the plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff 24 million won and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 30, 2016 to the date of full payment.

The plaintiff's claim is accepted.

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