1. The Defendant’s KRW 126,00,000 as well as 5% per annum from July 23, 2016 to August 26, 2016 to the Plaintiff.

On July 21, 201, the Plaintiff received membership fees from the Defendant in relation to the use of a law bus club operated by the Defendant and paid the Defendant membership fees of KRW 126,00,000 (hereinafter “instant membership fees”). The Defendant decided to return the instant membership fees to the Plaintiff upon request of the Plaintiff five years after the term of membership expires, and the Plaintiff requested the return of the instant membership fees on July 21, 2016 due to the maturity of the Plaintiff’s request for the return of the instant membership fees to the Defendant on the ground of the maturity of the Plaintiff on July 21, 2016, can be recognized by each entry in the evidence Nos. 1 through 4 (including the seat number in the instant case). Therefore, the Defendant is obligated to refund the instant membership fees and damages for delay to the Plaintiff, barring special circumstances.

Although the Defendant asserts that the request for the return of membership fees from the members was rejected, the Plaintiff cannot return the instant membership fees to the Plaintiff, such circumstance does not affect the Defendant’s obligation to return the instant membership fees.

Therefore, the Defendant is obligated to pay to the Plaintiff 126,00,000 won and damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from July 23, 2016 to August 26, 2016, on the day following the day on which the copy of the instant complaint was served, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

(1) The Plaintiff filed a claim against the Defendant for damages for delay from July 22, 2016, but it is reasonable to view that the Plaintiff is liable for delay from July 23, 2016, the following day after the obligation to return the instant membership fee arises. Therefore, the Plaintiff’s claim for damages for delay is without merit. Thus, the Plaintiff’s claim for damages for delay is accepted within the scope of the above recognition, and the remainder of the Plaintiff’s claim is dismissed as it is without merit. It is so decided as per Disposition.