입회보증금반환
1. The Defendant’s KRW 2,868,852 with respect to the Plaintiff and KRW 5% per annum from June 1, 2016 to August 10, 2016, and the next day.
1. The Defendant is the operator of the “Signer-co clubs” located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, 11-1 (hereinafter “instant golf clubs”).
On March 16, 2005, the network B entered into a membership agreement (member number C) with the Defendant on the instant golf course, and paid KRW 30 million to the Defendant as a security deposit.
The terms and conditions of the membership agreement above relating to this case are as follows:
Article 9 (Entry Fees)
1. Membership fees shall be received by a company as a membership deposit and collected without interest thereon;
2. To refund only the principal of the membership fee at the time of request for withdrawal and expulsion of a member;
Provided, That the return may be suspended for a certain period of time according to the resolution of the board of directors in the event of force majeure, such as natural disasters.
Article 14 (Withdrawal)
2. A member may require the withdrawal from the company after the lapse of five years from the date of entry, subject to prior consultation with the company, and shall automatically extend the withdrawal from the company without such request.
3. A company shall approve the request of a member to withdraw from the company and return the membership fee, except in special circumstances;
(Provided, That on January 19, 2014, the network B died on January 19, 2014, and its inheritors agreed on the division of inherited property to the Plaintiff, who is the spouse of the deceased, to inherit the claim for the return of the security deposit.
On June 20, 2014, the Plaintiff completed the membership transfer procedure, and requested the withdrawal of membership and the refund of membership deposits in writing, and the declaration of intention reached the Defendant on June 22, 2014.
On May 31, 2016, the Defendant paid KRW 30 million to the Plaintiff on the pretext of the return of the membership fee, which is pending in the instant lawsuit.
The Acts and subordinate statutes relating to the instant case are as follows:
Sports facility business entities who recruit members pursuant to Article 17 (1) of the Installation and Utilization of Sports Facilities Act or persons who have obtained approval of a business plan shall be qualified for membership.