1. The Defendant: (a) KRW 135,00,000 for the Plaintiff and 5% per annum from November 2, 2015 to September 21, 2015; and (b) the Plaintiff.

1. On November 2, 2010 between the Plaintiff and the Defendant’s indication of the claim, the Plaintiff terminated the membership agreement with the Defendant and claimed the return of KRW 135,00,000, which was paid to the Defendant, after five years from the date of membership pursuant to the membership agreement (Article 208(3)1 and Article 257 of the Civil Procedure Act).

3. Part of dismissal.

A. From November 2, 2015 to September 21, 2015, when five years have passed after entering into a golf club membership agreement with the Defendant, the Plaintiff filed a claim with the Defendant for payment of damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. However, the rate of damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is clearly applicable from the day after the duplicate of the complaint was served on the Defendant. Thus, the portion exceeding the part ordering payment of the amount equivalent to five percent per annum under the Civil Act among the above part claiming damages for delay exceeds the part ordering payment of the amount

B. Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings declares a judgment ordering the performance of all or part of a monetary obligation, statutory interest rates constituting the basis for calculating the amount of damages due to the nonperformance of a monetary obligation shall be governed by the interest rates prescribed by Presidential Decree within the limit of 40/100 per annum from the day following the day on which the written complaint demanding the performance of the monetary obligation or a document corresponding

Meanwhile, the main text of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015) provides that “The statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall be 15/100 per annum.” Article 1 of the Addenda provides that “this Decree shall enter into force on October 1, 2015.” Article 2 (Transitional Measures) and Article 2 (1) of the Addenda shall continue to remain in the court at the time this Decree enters into force, notwithstanding the amended provisions of this Decree.