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(영문) 서울중앙지방법원 2014.11.12 2014가합534096

계약금반환청구의 소

Text

1. The defendant,

A. From September 7, 2010 to Plaintiff A 30,000,000:

B. Plaintiff B: KRW 30,000,000.

Reasons

1. Basic facts

A. The Plaintiffs and IMELD Co., Ltd. entered into a golf course membership agreement 1) The Plaintiffs are EMELD Co., Ltd. (hereinafter “EN”)

B) As regards the instant golf club, the non-party company is a mountain golf club developed in the Gangwon-si and the Hongcheon-gun. (hereinafter “instant golf club”).

(1) As to the Plaintiff’s membership agreement with respect to the golf course membership (hereinafter “each of the instant membership agreements”) which provides that the Plaintiffs shall pay KRW 190,000,000 as well as acquire membership fees.

The plaintiffs concluded each contract and paid the down payment to the non-party company according to the above contract. The dates of concluding each of the instant membership contract and the details of the payment of the down payment are as listed below. On September 6, 2010, the date of concluding each of the instant membership contract and the down payment (won) between B B B B 2000 on September 6, 2010 and September 6, 2010, each of the following major contents are 0.30,000,0003 C C C on September 6, 2010; 10. 20,000,000, 10. 20, 200, 200, 4 DD on September 6, 2010; 20, 2010: < Amended by Presidential Decree No. 17324, Oct. 30, 200; Presidential Decree No. 17568, Oct. 10, 2010>

A golf club membership agreement

2. The contract shall take effect when the applicant prepares the present membership contract, deposits the down payment into the bank account designated by the company in accordance with Article 5, and then notifies the company of the deposit confirmation.

(2) The Company shall notify the applicant of the deposit confirmation in writing or by wire within one week after the deposit confirmation.

3. Acquisition of membership (1) An applicant for membership shall acquire membership from the date of payment of the full amount of the membership fees under Article 5, and shall maintain the membership for five years unless there are reasons, such as termination of the contract, deprivation of qualification of a member, expulsion, etc

5. The payment (1) of a observer shall be 190,000,000 won;

B. Non-party company’s default.