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(영문) 제주지방법원 2015.10.27 2015가단11105
기타(금전)
Text

1. The Defendant’s KRW 27,312,00 for the Plaintiff and KRW 5% per annum from December 30, 2013 to February 6, 2015.

Reasons

The Plaintiff entered into an interest rate agreement with the Defendant on August 8, 2003 to acquire membership on the date of full payment of the membership deposit, and the period for holding 10 years thereafter. If the Plaintiff disclosed his intention of withdrawal from the expiration date from 30 days before the expiration date to the expiration date, the Defendant agreed to refund the membership deposit to the Plaintiff in five installments. The Plaintiff paid 27,312,000 won to the Plaintiff in five installments until December 28, 2003. The Plaintiff demanded the refund of the membership deposit to the Defendant by December 29, 2013 due to the expiration date of the above membership period, and there is no dispute between the parties, and the Defendant is obligated to pay 27,312,000 won to the Plaintiff under the above interest rate agreement to 27,312,000 won and damages for delay calculated from December 30, 2013 to 15% of the annual interest rate from the day following the expiration date of the membership deposit to December 25, 2015.

Therefore, the plaintiff's assertion is justified within the above recognition scope, and the argument about the excess damages for delay is without merit, and it is so decided as per Disposition.

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