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(영문) 창원지방법원 2016.09.06 2016가단105070
입회금 반환 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 2,403,836 and the interest rate of KRW 15% per annum from July 5, 2016 to the date of full payment.

Reasons

1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 4:

On April 9, 2010, the Plaintiff paid 80,000,000 won to the Defendant, and became a regular member of the Defendant’s office golf club operated by the Defendant. On April 9, 2015, the Plaintiff demanded the Defendant to return the membership fee upon the expiration of the subscription period.

B. Accordingly, on December 25, 2015, the Defendant shall pay to the Plaintiff KRW 80,000,000 as membership fees, and among which KRW 40,00,000 among them, KRW 40,000 shall be paid by the last day of January 2016, and the remainder of KRW 40,000,000 shall be paid by the last day of February 2016, however, the Plaintiff paid KRW 40,00,000 on June 30, 2016 and KRW 40,000 on July 4, 2016, respectively.

2. The Plaintiff’s assertion and determination shall first appropriate 80,000,000 won paid by the Defendant twice as well as 80,000,000 won for the above membership fee, for the repayment of damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the day following the delivery of a copy of the complaint in this case, and the remainder to the repayment of the principal shall be claimed that the principal would remain as of July 4, 2014, and that the principal would remain as of July 4, 2014. The Plaintiff seek reimbursement of the balance of the principal and damages for delay from July 5, 2014.

As the Defendant delayed the performance of the obligation to return the membership fee to the Plaintiff, damages for delay calculated at the rate of 15% per annum from April 21, 2016, which is the day following the delivery date of a copy of the complaint of this case, for the amount of KRW 80,000,000 per annum from April 21, 2016.

As such, the Defendant’s KRW 2,334,246, out of KRW 40,00,00 paid on June 30, 2016, shall be appropriated for the repayment of the amount equivalent to the damages for delay incurred from April 21, 2016 to June 30, 2016 ( KRW 80,00,000 x 0.15 x 715 days x 71 days x 365 days x 2,334,246 ; hereinafter the same shall apply), remaining 37,65,754 won (=40,000,00-2,334,246 x 86 won). The principal balance shall be appropriated for the repayment of the principal, and the principal balance shall be appropriated for the repayment of the principal.

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