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(영문) 서울동부지방법원 2015.06.09 2014가합102102
손해배상(기)
Text

1. The defendant shall pay 500,000,000 won to each of the plaintiffs and 20% per annum from April 9, 2014 to the day of complete payment.

Reasons

A. Upon receipt of the certificate of membership fee of KRW 400,000 (certificate number K, membership number L), the Plaintiff’s limited liability company (a joint stock company prior to the change of organization; hereinafter “Plaintiff’s joint stock company”) acquired the instant golf course’s regular membership right from J on March 2, 2009 at KRW 240,000,000.

3) On February 13, 2009, Nonparty B received a certificate of 400,000,000 won (certificate number N, membership numberO) from the Defendant, and Plaintiff B acquired the right to regular membership of the instant golf course from M on April 6, 2009. Nonparty P (hereinafter “F, J, M, and P”) received the certificate of 400,000,000 won (number Q, membership numberR) from the Defendant on February 13, 2009, Plaintiff C acquired the right to regular membership of the instant golf course from P to KRW 152,50,000,000 from P on January 28, 201.

5) On the front of each of the above 400,00,000 membership fee certificates, "I confirm that the above amount has been received as able membership fee of a club. * The date of return of membership fee shall be ten years from the date of issuance of the membership fee certificate and, if an application for return is filed in writing within one month from the date of return, the membership fee shall be refunded within three months from the date of application: Provided, That if no request for return is made within one month from the date of return, the membership fee shall be automatically extended every ten years from the date of return." The type and number of the defendant's members shall be 10,000,000 won as the type of the defendant's member (10,000,000 won among the non-member members of a tourist who did not participate in the establishment of a local tourism) and preferential treatment for the defendant from among the non-member members, general members (applicable to 10,000,0000 won for membership fee of the previous general tourism member on November 9, 2000, or 8000.

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