입회금반환
1. The Defendant’s each of the Plaintiffs’ KRW 90,000,000 as well as 5% per annum from August 20, 2014 to June 23, 2015.
1. Determination as to the cause of claim
A. The following facts may be acknowledged in light of the record, or there is no dispute between the parties, or according to the purport of Gap evidence No. 6 and all pleadings, and there is no counter-proof.
1) On May 14, 2008, Plaintiff B and the Defendant changed the name of the said Plaintiff’s three-ton agreed to the three-ton agreed to operate the Defendant.
hereinafter referred to as “instant golf course”
(2) The above Plaintiff A, C, and D respectively entered into an membership agreement with the Defendant on a golf club with the content that they should pay KRW 90 million to the Defendant, and the said Plaintiff paid KRW 30 million to the Defendant a down payment on April 7, 2009, respectively. (2) The Plaintiff, C, and D respectively entered into the membership agreement with the Defendant, and paid KRW 90 million to the Defendant by June 3, 2009.
3) Article 2(5) of the membership agreement concerning the above membership agreement provides that a member may request the return of the membership fee after five years from the opening date of the said membership agreement. 4) The instant golf course opened on June 20, 2009.
5 The plaintiffs terminated each of the above membership agreements by serving a duplicate of the complaint of this case and demanded the return of the membership fee. The duplicate of the complaint of this case reached the defendant on June 16, 2014.
B. According to the above facts, even if the Plaintiffs claimed the return of the membership fee to the Defendant on June 16, 2014, the declaration of intent becomes effective from the 20th day of the same month in which five years have passed since the opening date of the establishment date. Thus, barring any special circumstance, the Defendant is obliged to pay the Plaintiffs the amount of KRW 90 million for each membership fee and the damages for delay from June 20, 2014 to the date of full payment.
2. Judgment on the defendant's defense
A. As to this, the Defendant reached around October 30, 2014, when the due date for repayment of membership fees to the Plaintiffs came from September 1, 2009 to May 60, 2009, which was the regular opening date of the instant golf course.