logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원충주지원 2016.02.18 2015가단4699
입회금반환
Text

1. The Defendant: (a) KRW 120,00,000 for the Plaintiff and 20% per annum from July 30, 2015 to September 30, 2015; and (b) October 2015 for the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of the pleadings as to the written evidence Nos. 1 through 5, the Plaintiff entered into an agreement with the Defendant on June 1, 2010 on membership (hereinafter “instant membership”) with the content that “the Plaintiff would deposit the said golf club with the company for five years as a membership deposit and guarantee the return of principal at the time of the request for the return of the principal amount of the member’s principal,” and the Defendant paid all the amount of KRW 120 million. ② The Plaintiff requested the Defendant to return the membership fee as the expiration of the membership period on or around June 5, 2015.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from July 30, 2015 to September 30, 2015, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, and from October 1, 2015 to the day of complete payment.

[Plaintiff claimed damages for delay calculated at the rate of 20% per annum as stipulated in Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) with respect to damages for delay. However, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015; Presidential Decree No. 26553, Oct. 1, 2015; Presidential Decree No. 15% per annum as to the legal interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, which remains in the court at the time of enforcement of this Decree.

arrow