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(영문) 서울남부지방법원 2020.10.13 2019가합117089
입회금반환청구의 소
Text

1. The Defendant’s KRW 247,769,863 as well as 6% per annum from May 1, 2019 to January 6, 2020, and the following.

Reasons

Facts of recognition

The following facts are not disputed between the parties:

The defendant recruited its members while operating the Bada as a company which aims at golf club business and its ancillary facilities business.

On June 2003, the Plaintiff paid KRW 460,000,000 as a regular member when he applied for membership as a corporate member of the NAA club. On June 30, 2003, the Plaintiff obtained membership (members C, D) and acquired the membership as a regular member.

Article 10 of the Defendant’s Terms and Conditions for Invitation of Members provides that “The membership fee shall be paid to the company as a deposit for regular membership with no interest for five years, but shall be lost by repaying only the principal paid at the expiration of thirty days before the expiration of the term and the refund of the deposit.”

On September 6, 2018, the Plaintiff expressed his/her intent to demand the return of the membership fee upon filing an application for the withdrawal with the Defendant, and the said declaration of intent reached the Defendant on September 7, 2018.

On April 30, 2019, the Defendant paid KRW 230,000 to the Plaintiff.

According to the above facts of determination as to the cause of claim, the defendant is obligated to pay to the plaintiff the amount of KRW 460,000,000 and damages for delay calculated at the statutory interest rate under the Commercial Act from September 8, 2018, after receiving the plaintiff's intent to request the performance.

Furthermore, KRW 230,00,00 that the Defendant paid to the Plaintiff on April 30, 2019 was first appropriated to the Plaintiff on 235 days from September 8, 2018 to April 30, 2019, for damages for delay calculated as statutory interest under the Commercial Act for 235 days from September 8, 2018 to April 30, 2019 (i.e., KRW 460,000,000 x 0.06 x 235 days x 2365/365, and minority hereinafter referred to as 212,237 won (i.e., KRW 230,00,000 - KRW 17,769,7869,863 won, - 24630,000 won, -630,000 won, -630,000 won, -630,2030

Therefore, the defendant's remaining membership fee of KRW 247,769,863 and its payment date following the date of partial repayment from May 1, 2019 to January 6, 2020, which is the delivery date of a copy of the complaint of this case.

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