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(영문) 대전지방법원천안지원 2017.07.07 2015가합1485

투자금반환

Text

1. Defendant (Counterclaim Plaintiff) B Co., Ltd.: (a) KRW 10,549,080 and its amount from August 27, 2016 to July 7, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 14, 2014, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into an membership agreement with Sejong Esson Co., Ltd. (hereinafter “ Sejong Esson”) with the content of joining as a non-registered member of the Sejong Esson’s consortium Co., Ltd. (hereinafter “Seoul Esson”)

(2) The term “instant membership agreement” refers to “this case’s membership agreement,” and the term “this case’s membership” refers to “this case’s membership agreement”). The main content of the instant membership agreement is as follows.

The membership fee shall be paid by Defendant B, and the amount of KRW 300 million shall be paid by Defendant B to Sejong Esson.

The duration of Defendant B’s membership under this Agreement shall be ten years from the date of the first entry.

Defendant B may not claim a refund of KRW 300 million during the membership period.

The composition of a member: One associate member who is an associate member and one associate member who is an associate member shall be accompanied by a single associate member who is an associate member, while a regular member who is an associate member shall be treated as an associate member.

Where a bearer member is not inside the country, a bearer card holder issued by Sejong Sysson or a bearer member notified in advance by Sejong Sysson shall be treated as a bearer member.

A quasi-member may make a telephone reservation only on a ordinary day, and the accompanying persons shall be treated as regular members four times a month.

A non-regular member subject to charges: A tax and a non-organic member subject to charges only: a member subject to the same fee as a regular member of the Sejong SspersonCC if the regular member is inside the same fee, and a member of the same team (the largest three persons/day) will be treated as a regular member.

Where a regular member delegates a reservation to another person without internal entry, he/she may delegate four times a week (including holidays) from the total five times a month.

The amount of admission shall be comprised of one unit of KRW 300 million, and all rights and obligations under the membership agreement shall only be transferred to the transferee.