손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 23, 201, the Plaintiff asserted that the Plaintiff purchased membership rights of the golf club (hereinafter “instant membership rights”) as indicated in the separate sheet from the Defendant (hereinafter “instant membership rights”) for KRW 75,000,000,00 (hereinafter “instant sales contract”); and that at the time of purchase, the Plaintiff purchased the instant membership rights by explaining that the Defendant’s employee can receive the Plaintiff’s membership rights after 1-2 years from the Plaintiff.
However, this case's membership was revealed to be able to receive a refund of the membership fee at the end of 2016.
Therefore, the sales contract of this case is deemed to be a contract with the nature of an investment deposit return agreement. Thus, the defendant is obligated to acquire the membership of this case sold to the plaintiff and pay 9,000,000 won to the plaintiff. Preliminaryly, since the defendant explains the time for the return of the membership deposit to the plaintiff, the defendant is obligated to pay 56,00,000 won remaining after deducting 43,000,000 won at the present price of membership from the admission deposit to be refunded for damages due to nonperformance of obligation to the plaintiff.
2. The defendant's assertion is nothing more than mediating the sale and purchase of membership of this case, and the plaintiff purchased the membership of this case from the development of the case industry.
3. The evidence alone submitted is insufficient to acknowledge the fact that the other party to the sales contract of this case (seller) is the defendant, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's primary and conjunctive claims on the premise that the defendant is the seller of the sales contract of this case are all without merit.
4. It is so decided as per Disposition by the assent of all participating Justices on the bench.