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(영문) 서울중앙지방법원 2016.04.22 2015가단5381914 (1)
입회보증금반환 등
Text

1. As to the Plaintiff A’s KRW 39,00,000, and KRW 30,000,000 to Defendant B, and each of the above amounts, from December 23, 2015.

Reasons

1. Facts of recognition;

A. On January 11, 2008, Plaintiff A and the Defendant entered into a contract for the use and membership of the “Gangnam-dong hotel” facilities owned by the Defendant, and paid KRW 39,000,000 to the Defendant. Plaintiff B and the Defendant entered into a contract for the use and membership of the “Gangnam-dong hotel facilities” facilities owned by the Defendant, and the Defendant paid KRW 30,000,000 to the Defendant.

B. In concluding each of the above contracts, the Defendant agreed to return the security deposit after the lapse of five years from the opening of the hotel.

C. The Plaintiffs filed a claim with the Defendant for the return of the deposit after the lapse of five years in the above hotel opening place.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-2, 5, and 2-2, the purport of the whole pleadings and arguments

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff Gap 39,00,000, 30,000,000 won to the plaintiff Eul as well as 15% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 23, 2015 to the date of full payment, which is the day following the delivery of the copy of the complaint of this case claimed by the plaintiff after the date of claim for return of the security deposit for admission.

(1) The defendant alleged that he/she wants to return until July 30, 2016 in light of the defendant's difficult financial situation, etc., but the above argument is not acceptable since there is no ground to defer payment by the above deadline). 3. Thus, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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