beta
(영문) 수원지방법원 2015.07.02 2013가단43778

입회보증금반환

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 30, 2009, the Plaintiff entered into a membership agreement with F Co., Ltd. (hereinafter “F”) on July 8, 2009 (hereinafter “instant membership agreement”) with the Plaintiff, which was KRW 8,500,000 for a single account under the said membership agreement.

B. The term of existence of the instant membership agreement is three years from the date of full payment for the membership payment, and if the account holder requests the return of the amount without interest after the said term expires, the amount of interest shall be returned.

C. The Plaintiff settled KRW 34,00,000 with his own credit card for the payment of the security deposit for the membership under the instant membership agreement, including KRW 35,00,000 on June 30, 200, KRW 25,500,00 on July 8, 2009, and KRW 5,500,000 on July 9, 2009. The said settlement amount was all deposited into the Defendant’s account.

The Defendant, at any time, remitted from members who joined the G golf membership to F, from time to time, the amount deposited to F. However, the Defendant, after the instant membership agreement, remitted KRW 35,00,000 on July 14, 200, and KRW 15,488,74 on July 15, 2009, respectively.

E. C and D transferred to the Plaintiff the claim for return of the membership deposit under the instant membership agreement on September 4, 2012, and E, August 27, 2013, and notified F of the assignment of the claim on August 28, 2013.

[Ground of recognition] Facts without dispute, Gap 1, 2, 6 through 8, Eul 2 through 6 (including branch numbers in case of additional numbers) and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. In light of the purport of the claim, the F and the Defendant recruited members by using the name of the I Group as a company de facto controlled by H, and F and the Defendant also used the same office and employees. The F asserted that, as the Defendant was merely the most company established by the Defendant for membership, substantial self-sufficiency execution, and membership management were performed by the Defendant, the Defendant bears the obligation to return the subscription amount under the membership agreement of this case.

Preliminaryly, the Plaintiff claims the return of the subscription fee to F.