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(영문) 춘천지방법원원주지원 2019.02.19 2017가합6388

입회보증금 반환 청구

Text

1. As to the Plaintiff A’s KRW 150,00,000, and KRW 120,000,000 for each of the said money to Plaintiff B, the Defendant began on November 8, 2017.

Reasons

1. Basic facts

A. D, around 2009, paid 150,000,000 won to the Defendant, and entered into a membership agreement with the Defendant (hereinafter “instant golf club”) that entered into as a member of the E club operated by the Defendant (F).

Plaintiff

A acquired the membership from D on June 30, 2016.

B. Around 2003, G paid 120,000,000 won to the Defendant, and entered into a membership agreement joining the instant golf club as a member (H number).

Plaintiff

B acquired the membership from G on October 14, 2016.

C. The main provisions of the instant golf club rules (hereinafter “instant rules”) are as follows.

Article 9 (Admission) The membership of a club shall be acquired by obtaining the approval of the company in accordance with the prescribed membership procedure and by issuing a membership card.

Article 10 (Entry Fees)

1. A membership fee shall be collected by the defendant as a membership deposit for five years, and when a member requests a withdrawal from the membership, only the principal shall be returned after going through the prescribed procedure, and shall be extended under the same conditions as at the time the withdrawal request is not made;

Article 15 (Transfer of Membership)

1. The qualifications and rights of regular members may be transferred with the approval of the company in accordance with the procedures determined by the company, and the transferee shall newly acquire the qualifications and rights of members from the date of issuance of membership cards;

2. The transfer of membership rights or change of ownership shall pay the opening fees determined by the company in accordance with the prescribed procedures;

Article 16 (Desertion)

1. A member shall submit his/her intention to withdraw from the membership in writing one month before the lapse of five years from the date of issuance of the membership and shall be extended under the same conditions when the member does not intend to withdraw from the membership;

(including transfer or takeover). 2. In order to escape, an application for withdrawal and membership cards shall be submitted to the company for approval by the company.

[Ground for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (which has a tentative number).