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(영문) 서울남부지방법원 2016.04.28 2015가단227424
입회보증금 반환
Text

1. The Defendant: (a) KRW 150 million to the Plaintiff; and (b) 5% per annum from January 15, 2016 to April 28, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a juristic person operating a golf course in the trade name of “roata club” located in Cheongju-si 182, Goju-si.

B. On October 29, 2010, the Plaintiff entered into a membership agreement with the Defendant and agreed that “the Plaintiff shall pay KRW 150 million as the membership fee by December 6, 2010, but the Defendant shall deposit the membership fee with interest free of charge for five years after the full payment of the deposit amount, and if a member requests the withdrawal of the member thereafter, the Plaintiff shall return the principal after going through the prescribed procedure (hereinafter “instant agreement”).

C. By December 6, 2010, the Plaintiff paid a full amount of KRW 150 million to the Defendant by December 6, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. Since five years have passed since the plaintiff's assertion deposit was paid in full, the defendant is obligated to pay to the plaintiff a security deposit of KRW 150 million and damages for delay.

B. The Defendant asserts that the Defendant’s security deposit is paid in return for granting membership rights to the Plaintiff, and the main contents of golf membership rights are preferential rights to use facilities and realization rights. Since the Plaintiff’s acquisition of membership rights can be seen as possible after the completion of construction of a golf course, the initial date of the return of the security deposit should be based on the opening date.

C. Therefore, according to the determination, Article 4 of the membership agreement (Evidence A No. 1), which is a disposal document concerning the instant agreement between the Won and the High Court, states that “The membership fee shall be deposited as a membership deposit with no interest for five years after the full payment of the deposit, and if a member demands withdrawal from the membership thereafter, the refund of the principal shall be made through the prescribed procedure, and it is not necessary to interpret the instant agreement as otherwise alleged by the Defendant. Therefore, the content of the instant agreement is the return of the deposit.

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