입회보증금반환
1. The same amount as the rehabilitation claim of 180,000,000 won out of the lawsuit of this case, the exchange of which has been changed in the current trial;
1. Facts of recognition;
A. On November 16, 2001, the Plaintiff joined a golf club operated by A Co., Ltd. (hereinafter “A”) prior to the commencement of rehabilitation and paid KRW 180,000,000 for the membership deposit to A. In addition, the part relating to the instant golf club rules (hereinafter “instant rules”) are as follows.
Article 12 (Deposit) (1) In the case of a regular member, the membership deposit shall be deposited with interest without interest in the company for five years from the date of full payment of the membership deposit, and the principal shall be refunded only once of withdrawal.
Provided, That the return of a company may be suspended for a certain period of time in accordance with a resolution of the board of directors in cases where the company is determined to be significantly unreasonable in its management and an event of force majeure occurs.
Article 20 (Withdrawal) (1) Where a company desires to retire, it shall submit a prescribed application and obtain approval from the company.
(2) A withdrawing session may choose not to approve it for five years after its attendance.
(3) Upon approval of a withdrawal, a company shall refund a membership fee.
B. The Plaintiff filed an application for membership withdrawal with A around February 20, 2012, prior to the commencement of rehabilitation, but A did not accept the said application.
C. On the other hand, on April 26, 2013, the rehabilitation procedure was commenced on April 26, 2013 with Seoul Central District Court 2013 Gohap67, and its representative director C was appointed as a custodian.
On May 23, 2013, the Plaintiff reported as rehabilitation claims the amount of KRW 180,000,000,000 and damages for delay calculated at the rate of 20% per annum from July 6, 2012 to the date of full payment. However, the administrator of the company liable for rehabilitation claims reported the amount of damages for delay calculated at the rate of KRW 18,00,000,000 and KRW
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 4, 6, and 7, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion had the effect of withdrawing the Plaintiff’s golf club, following the Plaintiff’s expression of intent to retire before the commencement of rehabilitation.