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(영문) 서울중앙지방법원 2015.09.23 2014가합559200

보증금반환

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1. The Defendant’s KRW 100,000,000 for the Plaintiff and the following: 6% per annum from August 29, 2014 to September 23, 2015.

Reasons

1. Facts of recognition;

A. On June 201, the Defendant concluded a golf membership use contract (hereinafter “instant contract”) with the Plaintiff (a party to the contract is KMP media, which was incorporated into the Plaintiff on October 1, 2013 and comprehensively succeeded to the Plaintiff’s rights and obligations with respect to the Defendant; hereinafter “Plaintiffs, both before and after the merger”), with the total amount of KRW 13,00,000 (a deposit amount of KRW 100,000,000 as security deposit amount of KRW 30,000,000 as security deposit amount of KRW 30,000,000 as security deposit amount of KRW 30,00,000 as security deposit amount of KRW 30,000,000 as security deposit amount) and five years as security period (hereinafter “instant contract”).

B. On June 3, 201 and October 4, 2011, the Plaintiff paid KRW 33,000,000, including the above value-added tax, to the Defendant over twice, and paid the Defendant a total of KRW 100,000 from February 3, 2012 to October 2012.

Article 3 (Definitions of Terms and Conditions)

4. Services, etc.: Brokerage of services, such as reservations, etc. for facilities for use provided to subscribers.

5. Guarantee money: It shall be operated through a non-life insurer, financial institution, etc. as determined by the Republic of Korea at the maturity of its members.

6. Membership fees: It shall not be refunded after a golf service contract has been concluded with the costs of operating and managing the new golf membership and providing the prescribed services to suppliers in order to provide them more efficiently;

Article 7 (Arrears and Withdrawal)

2. The contract cannot be cancelled in principle after the balance is paid in full.

Provided, That the remaining amount shall be refunded after deducting the penalty of 10% based on the total amount, service charges, and the service completion fees according to the transitional period for which the service is provided, in the event of an application for middle termination due to unavoidable circumstances.

3. “Inevitable circumstances” in paragraph 2 is limited to death, emigration, etc. of a member.