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(영문) 제주지방법원 2016.06.10 2015가단57071
보증금반환
Text

1. The Defendant’s KRW 50,781,80 for the Plaintiff and its related KRW 50% per annum from September 9, 2015 to October 23, 2015.

Reasons

The Plaintiff entered into a membership agreement with the Defendant on September 8, 2005, and acquired the membership on the date of full payment of the security deposit for the Defendant’s operation, held the membership for ten years thereafter, and agreed that the Plaintiff would return the security deposit to the Plaintiff (hereinafter “instant membership agreement”); the Plaintiff paid KRW 50,781,800 to the Defendant on the same day; the Plaintiff applied for the withdrawal of the membership to the Defendant on September 1, 2015; and the fact that the Plaintiff applied for the withdrawal of the membership to the Defendant on September 1, 2015 can be recognized either by any dispute between the parties or by comprehensively taking into account the respective entries and arguments in subparagraphs A and 6. Accordingly, the instant membership agreement was terminated as of September 8, 2015.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50,781,80, and damages for delay calculated at the rate of 50% per annum under the Civil Act from September 9, 2015 to October 23, 2015, the delivery date of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, pursuant to the above interest membership agreement.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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