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(영문) 서울북부지방법원 2019.02.11 2018가단115600

입회비 반환 청구의 소

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1. The Defendant’s KRW 30,311,762 to the Plaintiff, as well as 6% per annum from May 24, 2018 to February 11, 2019.

Reasons

1. Facts of recognition;

A. On June 26, 2009, the Plaintiff entered into a membership agreement with C (hereinafter referred to as “instant membership agreement”) with a tourism business operator Co., Ltd. (hereinafter referred to as “non-party company”), and paid all the amount of KRW 30,311,762 (hereinafter referred to as “instant membership agreement”) to the said company on June 29, 2009.

B. The main contents of the terms and conditions of attendance and the regulations on the use and management of services as incorporated in the instant membership agreement are as follows.

The title of this service is referred to as "CMBERSVIP", which is designed to provide for the convenience of users qualified under the conditions prescribed by the non-party company to enjoy golf, contact services and leisure activities.

Article 3 (1) A participant shall be deemed to have entered into a membership contract by preparing and sealing the membership contract and paying the amount of the membership fee as provided in Article 5.

Article 4 Period for membership of an insured person (1) The period for membership of an insured person shall be seven years from the date the insured person pays the total amount of membership

(1) No policyholder may demand the return of a membership bond during the membership period referred to in Article 4.

② If, after the lapse of the membership period under Article 4, a subscriber’s claim is filed, the non-party company shall return without interest in accordance with the procedures for return, and the scope of the use of the services under Article 3 of the Regulations on the Use and Management of Facilities and the Operation of Facilities. (1) Golf services shall provide the non-party company and the non-Convention golf courses secured by the non-party company with reservation support and treatment of corporate members.

(2) Congested services shall be provided an annual number of days available during the membership period, including the number of days available for direct operation facilities, chain, and overseas facilities.

(6) Other services incidental to aviation, overseas travel, etc. among services shall be governed by policies and regulations in the relevant business area.

C. On October 12, 201, the Defendant is Nonparty 1.