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(영문) 대구지방법원의성지원 2015.10.06 2015가합10140

입회금반환 청구의 독촉

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1. The Defendant shall pay to the Plaintiff KRW 130,00,000 to the Plaintiff for KRW 130,000, KRW 130,000 to the Plaintiff, and KRW 18,00 to the Plaintiff B.

Reasons

1. Determination as to the cause of claim

(a)The following facts are not in dispute between the Parties:

1) On May 30, 2009, G changed the name of G to the three metric tons of the Defendant’s operation (e.g., a fireworks club thereafter).

hereinafter referred to as “instant golf course”

(2) The Plaintiff entered into a golf club membership agreement with the Defendant on the condition that the Plaintiff will pay KRW 130 million to the Defendant, and paid the said amount to the Defendant. Around April 2010, 2010, the Plaintiffs entered into the said golf club membership agreement with the Defendant, as well as KRW 130 million around May 2009, Plaintiff A entered into a golf club membership agreement with the Defendant, and KRW 18 million around May 201, Plaintiff C around May 2009, Plaintiff C paid KRW 130 million to the Plaintiff, and KRW 80 million to the Plaintiff D’s membership fee on June 8, 2009, KRW 70 million on May 30, 2008, KRW 1000,000 to the Plaintiff, and KRW 300,000,000,000 to the Plaintiff, respectively.

3) Article 3 of the membership agreement regarding the above membership agreement provides that “The return of the admission fee may be requested after five years from the opening date of the admission,” and the instant golf course opened on June 20, 2009. The Plaintiffs requested the Defendant to withdraw from membership and return the admission fee after June 20, 2014, but the Defendant did not comply therewith.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the Plaintiff the amount of KRW 130 million for admission fee of KRW 130 million to the Plaintiff, KRW 130 million for admission fee of KRW 18 million to the Plaintiff, KRW 130 million for admission fee of KRW 130 million to the Plaintiff, KRW 80 million to the Plaintiff C, KRW 70 million to the Plaintiff, KRW 70 million to the Plaintiff E, and KRW 130 million for admission fee of KRW 130 million to the Plaintiff F, as claimed by the Plaintiffs, as of June 30, 2015, KRW 20% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 30, 2015 to the day of full payment.

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