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Reasons
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(영문) 서울북부지방법원 2016.02.17 2015가합24427
입회금반환
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1. The Defendant: (a) KRW 120,000,000 for each of the Plaintiffs and 20% per annum from August 20, 2015 to September 30, 2015; and (b) on September 20, 2015 for each of the Plaintiffs.

Reasons

1. Determination as to the cause of claim

A. 1) The Defendant’s instant golf club is deemed to be a member of the Loymar dialoge (hereinafter “instant golf club”).

(2) On May 31, 2010, the Defendant concluded a golf club membership agreement with Plaintiff A and Plaintiff B on June 4, 2010, and received KRW 120 million from the Plaintiffs around that time. Each agreement issued and delivered by the Defendant to the Plaintiffs (hereinafter “instant agreement”) states that “The principal shall be returned at the time of request for the return of principal after five years.”

3 Plaintiff A and Plaintiff B, April 23, 2015, while Plaintiff B, April 20, 2015

5.7. &

5. 29. The Defendant sent a content-certified mail that asks the Defendant to return each amount of the above membership fee.

[Reasons for Recognition] The facts without dispute, Gap evidence 1-1-4, Gap evidence 2-1-6, Eul evidence 2-2, the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to refund to each of the Plaintiffs the amount of KRW 120 million and the amount of delay damages at each rate of KRW 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) from August 20, 2015 to September 30, 2015, which is obvious from August 20, 2015 to September 30, 2015.

2. The Defendant’s assertion regarding the Defendant’s assertion is that the date the Plaintiffs acquired the membership fees as much as he/she had the right to use golf clubs in this case and the value thereof are the opening date of the said golf club, and the time when the membership fees are returned should be calculated from September 23, 201, which is the opening date of the instant golf club. As such, the Plaintiffs’ assertion should be calculated.

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