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1. The Defendants jointly and severally agreed with the Plaintiff KRW 36,00,000 and 6% per annum from November 1, 2012 to September 5, 2014.
Reasons
Facts of recognition
In light of the fact that there is no dispute, and the overall purport of the statements and arguments made by Gap 1-1, 1-2, and 3-6, the defendants entered into a partnership agreement and run a golf course with the trade name "Yondon 58-1 Forest Co., Ltd." (hereinafter referred to as "the instant golf course"). The plaintiff purchased the instant golf course membership fee of KRW 70 million from B on October 17, 2007, thereby becoming a member of the instant golf course, and the plaintiff, around June 2012, can be acknowledged that the defendants expressed their intent to withdraw from the instant golf course member.
Judgment
Meanwhile, the Plaintiff is the person who received the return of KRW 34 million out of the admission fees from the Defendants. According to the above facts, the Defendants, the operator of the instant golf course, are jointly and severally liable to pay to the Plaintiff the remaining amount of KRW 36 million (i.e., KRW 70 million - KRW 34 million) and damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from November 1, 2012 to September 5, 2014, the delivery date of the copy of the instant complaint, as sought by the Plaintiff, from November 1, 2012 to September 5, 2014, and from the next day to the day of full payment, 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
(Plaintiff filed a claim for the payment of damages for delay calculated at a rate of 20% per annum from November 1, 2012, but Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings applies to the above legal interest rate from the day after the copy of the complaint was served on the obligor under Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Thus, the Plaintiff’s claim against the Defendants cannot be accepted for the payment of damages for delay calculated at the rate of 20% per annum from November 1, 2012 to the day when the copy of the complaint was served on the obligor. Thus, the Plaintiff’s claim against the Defendants is accepted within the above