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1. The Defendant’s KRW 42,00,000 for each of the Plaintiffs and 6% per annum from January 1, 2015 to June 9, 2016, respectively.
Reasons
1. The following facts may be found either in dispute between the Parties or in full view of each entry in Gap evidence 1 and 2 (including paper numbers) and all the arguments.
On January 31, 2005, Plaintiff A paid 42,000,000 won to the Defendant after having joined the Gangnam 300 Golf Club operated by the Defendant. On February 28, 2005, Plaintiff B paid 42,00,000 won to the Defendant after having joined the said golf club.
B. The Plaintiffs agreed with the Defendant that they may request the return of the membership fee upon the lapse of five years after the membership. Accordingly, the Plaintiffs requested the Defendant to return the membership fee on or around December 2014.
2. According to the allegations and the above facts of the judgment, the defendant bears the duty to return 42,00,000 won each to the plaintiffs who requested the return of the membership fee more than five years after joining pursuant to each agreement with the plaintiffs.
The plaintiffs seek for the payment of damages for delay calculated at the rate of 15% per annum from January 1, 2015 to June 9, 2016, but the damages for delay under the above special law cannot be applied until the date of delivery of the copy of the complaint. Since the debtor's appeal is not applicable until the judgment is rendered after the delivery of the copy of the complaint, it is reasonable for the debtor to dispute the existence and scope of the obligation. Accordingly, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum under the Special Act on the Promotion, etc. of Legal Proceedings from January 1, 2015 to June 9, 2016, which is the sentencing date of this case where it is deemed reasonable for the defendant to dispute the existence and scope of the obligation to pay damages for delay calculated at the rate of 42,00,000 won, and 15% per annum under the Special Act on the Promotion, etc. of Legal Proceedings from the following day to the date of completion of the obligation.
3. Conclusion.