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(영문) 서울중앙지방법원 2020.05.20 2019가단48753
입회금반환 청구의 소
Text

1. The Defendant’s KRW 63,00,000 as well as 5% per annum from April 1, 2018 to November 1, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 20, 2008, the Defendant (former Mutual Company C) concluded a contract with the Plaintiff for membership membership membership membership, and agreed that the Plaintiff’s membership fee of KRW 63 million shall be returned at the time of the Plaintiff’s claim for refund after the lapse of 10 years from the membership holding period.

B. On March 28, 2018, the Plaintiff sent a document claiming the return of the membership fee to the Defendant by a registered mail of special grade on the next day. The Defendant received the document around that time.

【Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings】

2. According to the judgment and the facts of the above recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 63 million and the damages for delay calculated at the rate of 5% per annum under the Civil Act from April 1, 2018 to November 1, 2019, the delivery date of a copy of the complaint of this case, as claimed by the plaintiff, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the plaintiff's claim is justified.

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