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(영문) 청주지방법원충주지원 2014.12.18 2014가합1126

입회금반환

Text

1. The Defendant’s KRW 120,000,000 as well as 5% per annum from May 4, 2013 to November 17, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On April 26, 2006, the Plaintiff entered into a membership agreement with the Defendant setting the membership fee of KRW 120 million with respect to the Defendant’s golf course (hereinafter “instant membership agreement”) and paid KRW 120 million to the Defendant on the same day.

B. The matters pertaining to withdrawals from the membership agreement of the instant case are as follows.

Article 14 (Withdrawal)

1. If a member wishes to retire, he/she shall submit a prescribed application and obtain the approval of the company;

2. A member may require the withdrawal of the member after the lapse of five years from the date of his/her entry, subject to prior consultation with the company, and shall be automatically extended if no request for withdrawal is made.

3. A company shall approve the request of a member to withdraw from the company and return the membership fee, except in special circumstances;

C. On April 23, 2013, the Plaintiff submitted an application for withdrawal to the Defendant, and the Defendant approved the Plaintiff’s withdrawal at that time.

Article 19 (3) of the Enforcement Decree of the Installation and Utilization of Sports Facilities Act provides that the annual member shall return within 10 days from the date he/she requested the return of the membership fee when the period of existence of membership expires.

[Ground of recognition] The fact that there is no dispute, Gap's 1 (including a paper number) and 3, and the purport of the whole pleading

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 120 million as well as damages for delay calculated at the rate of 5% per annum from May 4, 2013 to November 17, 2014, which is the delivery date of the copy of the application for modification of the purport of the claim and the cause of the claim in this case, and 20% per annum from the following day to the date of full payment.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.