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(영문) 서울중앙지방법원 2016.04.21 2015가합556635
기타(금전)
Text

1. The defendant is KRW 39 million for plaintiffs A, B, C, D, and E, respectively, KRW 50 million for plaintiffs F, and KRW 100 million for plaintiffs H.

Reasons

1. Basic facts

A. The Defendant is a company that operates no longer than 300 hotels (Gu Gangnam-dong hotel; hereinafter “instant hotel”) and Gangnam 300 consortiums.

B. The Plaintiffs paid membership fees to the Defendant and received membership fees of the hotel of this case as follows.

Plaintiff

D. D on January 10, 2000 won in the amount of KRW 39 million,00,000,000,000 for an admission day (on the date of payment) A on January 14, 2008, KRW 39 million,000,000 in the amount of KRW 39 million,000,000 in the amount of KRW 39,000,000 on January 10, 2009, KRW 50,000 in the amount of KRW 39,000,000 on August 18, 2009.

C. The Plaintiffs and the Defendant agreed to return membership fees after five years from the opening of the hotel at the time of sale of membership.

The opening date of the hotel in this case is July 15, 2010.

From June 2015, the Plaintiffs requested the Defendant to return the membership fee.

[Ground for recognition] Unsatisfy

2. Since it is apparent that five years have elapsed since the opening date of the hotel of this case and the plaintiffs request the return of the membership fee, the defendant is obligated to return the membership fee to the plaintiffs according to the agreement at the time of sale of membership.

Therefore, the Defendant is obligated to pay the Plaintiff A, B, C, D, and E each KRW 39 million, Plaintiff F, and Plaintiff H each of KRW 50 million, and KRW 100 million each of them five years after the opening date of the hotel of this case, and damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 13, 2015 to the day of full payment, which is the day following the delivery date of the complaint of this case claimed by the Plaintiffs.

3. In conclusion, the plaintiffs' claims are with merit, and it is so decided as per Disposition by admitting them.

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