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(영문) 전주지방법원 2015.01.28 2014가합5431

입회금반환

Text

1. The Defendant’s KRW 87,500,000 for the Plaintiff and 6% per annum from August 23, 2014 to January 28, 2015.

Reasons

1. Facts of recognition;

A. The parties concerned are companies with the purpose of a comprehensive leisure and sports business and its related business. The plaintiff is a company that acquired membership rights (the membership number A, membership number B, hereinafter referred to as the "instant membership rights") of a non-contribute club operated by the defendant at No. 43-15, Seocheon-gu, Jeoncheon-gun, Jeonbuk-gun (hereinafter referred to as the "instant club").

B. The members of the instant club under Article 4 (Members) of the major contents of the instant club rules are as follows:

2. A regular member provided for in Article 6 (Individual and Juristic Persons) shall be an individual member and a juristic person member, who shall be required to enter the prescribed number of members of the club and obtain approval therefor from the company;

Article 10 (Application for Membership) Any person who intends to become a regular member of any these club shall obtain the approval of the company by following the prescribed procedures.

Article 11 (Period of Contract) The period of membership rights shall be the one in which the membership fee is paid in full or the payment procedure is completed, and the member shall be his/her life from the first membership date.

Article 12 (Admission Fees) Membership fees shall be deposited as membership deposits, and shall be collected without interest for five years from the date of registration by the company, and shall be refunded only to the principal in cases of retirement, expulsion, death (in cases of absence of succession), and dissolution of a corporation.

Provided, That where a natural disaster or other force majeure occurs, the return may be suspended for a certain period of time according to the resolution of the board of directors.

In addition, in the case of a withdrawal or expulsion, the principal can be returned after the lapse of five years from the date of entry.

Article 13 (Approval for Entrance)

1. Where a company receives an application for membership, it shall approve the attendance within the scope determined by the prescribed standards and examination procedures;

2. When a company approves a membership, it shall enter in the membership roll and issue a membership certificate;

3. On the recommendation of at least three members, a successor member shall be present by the deliberation of the Steering Committee (in principle, a member shall not be present if there are at least one opposition from among MNNNN test and members).