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(영문) 서울중앙지방법원 2014.10.30 2013가합56384

회원지위확인

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The status B Co., Ltd. (hereinafter “Defendant”) as a party to the instant club (hereinafter “Defendant”) was changed to the name of the Defendant on September 25, 2013, and was engaged in tourist hotel business and other business activities incidental thereto from June 30, 1982, and was engaged in raising and operating its members.

The Plaintiffs entered into a contract with the Defendant under which the Defendant would pay a security deposit and annual fee (hereinafter “instant use contract”) to the Defendant in return for the provision of services that can use the instant club from the Defendant, and paid a security deposit to the Defendant or a fee for change of the name by acquiring the instant club membership by acquiring the instant club membership. After paying annual fees, the Plaintiffs used the instant club’s facilities while paying annual fees.

Article 6 (Entry Fee System) of the Rules before the revision of the Rules of the defendant's Association shall be refunded to the members without interest at the time of withdrawal from the club only among the membership fees of the members of the corporation.

If a person does not wish to withdraw from his/her membership fee, his/her membership fee shall continue to be qualified for membership by paying his/her membership fee (if he/she is a juristic person member, regular member, and family member); Article 12 (Restriction on Use of Facilities); measures taken by a natural disaster; the improvement or repair of facilities, or any other inevitable reason, the whole or part of the facilities of the club may be closed

Article 13 (Amendment) This Rule may be amended as necessary for the instant club, and its effect shall apply to all members.

Article 6(1) of the detailed rules provides that if a member intends to withdraw, he/she shall directly request the member to sign seven days prior to the desired date of withdrawal. The Defendant shall operate the instant club and apply the rules and rules applicable to the member (hereinafter “the rules prior to the amendment”).

The enactment and enforcement of the Act, and on January 1, 2012, partially amended (hereinafter referred to as “after amendment”).

(1) The amendments are made to each of the following main contents. After the amendments, Article IX of the Regulations:

1. Members: