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(영문) 서울중앙지방법원 2018.01.10 2017가합574552
입회금반환청구
Text

1. The Defendant’s KRW 316,00,000 as well as 6% per annum from June 10, 2016 to October 10, 2017 to the Plaintiff.

Reasons

Basic Facts

The defendant is a company that operates a rash club (hereinafter referred to as the "instant rash club").

On May 20, 201, the Plaintiff acquired each of the instant consortium membership rights of KRW 178,000,000 (i) one unit of the instant consortium membership (E60-12-057), and on June 9, 2011, KRW 138,000,000 (ii) one unit of the instant consortium membership (E60-12-0129).

According to the rules of the instant club, “the membership fee shall be deposited as a membership deposit, and shall be collected for five years by the company (the defendant; hereinafter the same shall apply)” (Article 12), and “1. When the company wishes to withdraw from the meeting, it shall submit a prescribed application and obtain the approval of the company.

2.A member may not, without the approval of the company, request an withdrawal for a period of five years from the date of entry.

3. The company shall return the principal when it approves a withdrawal.

‘(Article 18)' includes the contents.

On May 16, 2016, the Plaintiff filed an application for the withdrawal of a member with the Defendant and filed an application for the return of the said two membership cards, and the Defendant respondeded on May 25, 2016 and January 3, 2017 to the Plaintiff that he/she would return the said two membership cards to the Plaintiff on May 25, 2016, but did not return the same within the return schedule stipulated in each of the above answers.

【In light of the above facts in light of the fact that there is no dispute, Gap’s statements in Gap’s 1 through 6 (if there is a serial number, including each serial number), and the ground for a claim as to the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff damages for delay calculated by the rate of 15% per annum under the Commercial Act from June 9, 2016 to October 10, 2017, the service date of the original copy of the payment order in this case, as the plaintiff seeks to seek against the plaintiff for the amount of KRW 316,00,000 in total of two membership deposits in the agreement clubs in this case, and the amount of damages for delay calculated from the following day to the day of full payment.

In conclusion, the plaintiff's claim is reasonable and acceptable.

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