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(영문) 제주지방법원 2015.11.12 2015가합10871
입회보증금반환
Text

1. The Defendant’s KRW 289,78,00 for the Plaintiff and its related KRW 6% per annum from February 28, 2015 to May 11, 2015, and on May 12, 2015.

Reasons

1. Facts of recognition;

A. On May 28, 2003, the Plaintiff entered into a membership agreement with the Defendant as a member of Shari-Baul, operated by the Defendant, and the main contents of the agreement are as follows.

Article 2 (Deposit for Admission)

1. The plaintiff shall pay 289,788,00 won to the defendant as a security deposit.

2. The plaintiff shall deposit the security deposit under paragraph (1) with the defendant with no interest for ten years.

Article 4 (Acquisition and Holding Period of Membership)

1. The plaintiff shall acquire membership as a completely paid-in security deposit under Article 2.

2. The Plaintiff’s qualification period shall be 10 years from the date of acquisition of qualification under paragraph (1).

3. If there is no objection between the plaintiff and the defendant within thirty days before the contract expires, the contract shall be deemed to have been extended under the same conditions.

Article 5 (Refund of Deposits)

1. The plaintiff shall deposit the amount set forth in Article 2 with the security deposit for admission with the defendant without interest during the membership period, and the defendant shall refund only the principal upon the plaintiff's claim for refund at the expiration of the membership period.

B. On September 28, 2003, the Plaintiff paid in full KRW 289,788,000, which is the full amount of the membership fee, and acquired membership on September 28, 2003.

C. The Plaintiff applied for the withdrawal of membership to the Defendant on September 6, 2013, which was within 30 days from September 28, 2013, the expiration date of the membership period.

The plaintiff filed a claim for the return of the membership fee paid by the plaintiff along with the application for the withdrawal of the above membership, and the defendant requested the plaintiff to postpone the return of the above membership fee until February 27, 2015, but did not return the above membership fee until the grace period expires.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant’s admission fee of KRW 289,788,00 and the following day after the expiration date of the grace period requested by the Defendant, from February 28, 2015.

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