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(영문) 제주지방법원 2015.05.28 2014가합6646
입회금반환
Text

1. The Defendant’s KRW 171,494,00 for the Plaintiff and 6% per annum from May 27, 2013 to December 28, 2014.

Reasons

1. Fact of recognition. Article 2 (Deposit for Membership)

1. A shall pay 171,494,00 won as security deposit to A;

2. A shall deposit the security deposit as referred to in paragraph (1) with interest free of charge for ten years.

Article 4 (Acquisition and Holding Period of Membership)

1. A shall acquire membership by completely paying the security deposit for membership under Article 2;

2. A shall hold qualification for membership for a period of ten years from the date of acquisition of qualification under paragraph 1.

3. If there is no objection between A and B within 30 days from the date on which the contract expires, the contract shall be deemed to have been extended under the same conditions.

Article 5 (Refund of Deposits)

1. A shall deposit the amount set forth in Article 2 with the security deposit for membership with B as without interest during the membership period, and upon the expiration of the membership period, B shall refund only the principal when a claim for refund is filed by A.

On September 25, 2002, the Plaintiff entered into a membership agreement with the Defendant as a member of Shiritius operated by the Defendant, and the main contents thereof are as follows:

(B) "A" in the terms of a contract refers to the plaintiff, and "B" refers to the defendant, respectively.

On May 25, 2003, the Plaintiff acquired qualification for membership on May 26, 2003, in full, KRW 171,494,00, the total amount of the membership fee.

C. On May 2, 2013, the Plaintiff filed an application for withdrawal of membership with the Defendant on May 2, 2013, which was within 30 days from May 26, 2013, the expiration date of the membership period.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff 171,494,000 won with 6% interest per annum under the Commercial Act from May 27, 2013 to December 28, 2014, which is the day following the expiration date of the contract term, and 20% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. Thus, the plaintiff's conclusion is that of this case.

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