보증금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. C, from around 1996, operated a golf practice range, strike 3 golf course, indoor swimming pool, etc. (hereinafter “the instant golf practice range”) with the trade name “E” in the wife population D, and established the F Co., Ltd. (hereinafter “F”) on June 17, 2006, and invested the instant golf practice range in F.
B. On November 17, 2004, before the F establishment, the Plaintiff entered into a membership agreement with C, which provides for KRW 20 million as an admission fee and acquires the right to use the instant golf driving range (hereinafter “instant agreement”). The key contents are as follows.
Article 2 (Term of Contract)
1. This contract shall be for three years from the date of full payment of the membership fee under Article 3.
2. After the expiration of the contract period, both parties shall automatically renew if they do not raise any objection within 30 days.
Article 3 (Entry Fees and Payment Method) Basic Amount of KRW 20 million
1. The amount of admission for the above indication shall be equal to daily payment, and in principle, lump sum payment shall be made, and if necessary, may be paid by mutual agreement as follows:
Contract deposit amount of KRW 2 million on November 17, 2004, any balance, KRW 18 million on December 15, 2004, KRW 18 million on December 15, 2004, agricultural G, Hail Bank H, and deposit account E
2. The Plaintiff shall pay the attendance fee to C’s bank account, and the Plaintiff shall be liable for all the problems caused by other means of payment.
3. C shall refund the membership fee at no interest rate after the expiration of the contract period.
C. I purchased the instant golf driving range in the instant case in the instant court J and K (Dual Real Estate) compulsory auction procedure, paid the sales price on December 1, 201, and operated the instant golf driving range under the trade name “L,” and established the Defendant on March 20, 2017, and invested in kind the instant golf driving range. The Defendant operated the instant golf driving range from around that time.
【In the absence of any dispute, Gap Nos. 3, 9 (if a ground for recognition exists, including a branch number; hereinafter the same shall apply), and Eul No. 5.