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(영문) 수원지방법원성남지원 2016.04.05 2015가단210360

입회금반환청구

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1. The Defendant’s KRW 60,000,000 as well as its annual 20% from June 4, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a company running a comprehensive cooking business, including a golf course located in Jeju-do, 374, Jeju-do.

B. Around April 19, 2010, B entered into a membership agreement with the Defendant on the membership fee of the golf club (a membership number C; hereinafter “instant membership fee”) with a membership fee of KRW 60,00,000,00, and the membership fee of KRW 60,000,000 with a membership deposit, with a membership fee of KRW 5 years after the date of entry, and paid the full amount of KRW 60,00,000 with a membership fee at the request of a party (return of membership rights).

C. B around July 23, 2010, the Plaintiff transferred the instant membership (hereinafter “instant transfer”) to the Plaintiff.

The defendant, on January 27, 2014, confirmed that the plaintiff has the right to golf membership in accordance with the membership transfer contract with B and the plaintiff, and that the right of pledge is established. The defendant prepared a written confirmation (Evidence A No. 4) stating that "the maturity date is from November 12, 2013 to November 12, 2023" (Evidence A) stating that "the defendant has the right to golf membership under the membership transfer contract with B and the plaintiff."

In a case where it is recognized that the stamp image affixed on a document is a signature affixed by the seal of the person in whose name the document is written, the establishment of the stamp image is presumed to have been genuine based on the intention of the person in whose name the document is written, unless there are special circumstances, and once the authenticity of the stamp image is presumed to have been genuine, it is presumed that the document is authentic (see, e.g., Supreme Court Decision 85Meu1009, Feb. 11, 1986), and the statement in subparagraph 1 alone is insufficient to reverse the presumption and there is no other evidence to prove it.

Therefore, the defendant's above assertion is without merit.

The plaintiff was delivered to the plaintiff.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 to 5 (including each number), and pleading.