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1. The Defendant’s KRW 150,000,000 as well as 6% per annum from May 1, 2016 to May 13, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 30, 201, the Plaintiff joined the Defendant’s golf course “B” as a member of the Defendant’s golf course establishment, and paid KRW 150,000,000 to the Defendant on the same day.
B. The Plaintiff was served on January 18, 2016 on the 19th of the same month on the part of the Defendant’s golf membership agreement, with the lapse of five years from March 30, 2016, under Article 13 of the Defendant’s golf membership terms and conditions.
C. Meanwhile, Article 13 of the Terms and Conditions for Golf Members provides that “A member may withdraw from the golf membership at the expiration of five years from the date of entry. A member shall notify the withdrawal in writing at least one month prior to the withdrawal and take effect at the expiration of one month from the date of receipt of the notification,” and Article 11 provides that “A member shall return the golf membership within one month from the date of request for return at the time of withdrawal by the regular member.”
【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 7 (including paper numbers), the purport of the whole pleadings】
2. According to the above facts of recognition, the Plaintiff secedes from the membership of the golf course operated by the Defendant on March 30, 2016, and the Defendant has to return the Plaintiff the membership fee within one month from the Plaintiff. As such, the Defendant is obligated to pay to the Plaintiff the amount of KRW 150,00,000 and the damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from May 13, 2016 to May 13, 2016, which is the date of delivery of payment order, from March 30, 2016 to May 13, 2016, and from the next day to the date of full payment, 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
3. Conclusion, the plaintiff's claim is justified and acceptable.