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(영문) 대구지방법원의성지원 2015.06.23 2014가합474
입회금반환
Text

1. The defendant shall pay 130,000,000 won to the plaintiff and 20% per annum from July 11, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On February 3, 2009, the Plaintiff entered into a contract with the Defendant for membership membership (hereinafter “instant golf club”) of the Sarmanglese club (the name of the instant golf club was changed to “the fireworks club”; hereinafter “instant golf club”) operated by the Defendant. On the same day, the Plaintiff paid KRW 90,000,000 to the Defendant as the membership fee. On June 30, 2009, the Plaintiff paid KRW 40,000,000 in addition to the purpose of converting the instant golf club into the Alley members.

B. The opening date of the instant golf course is around June 20, 2009, and Article 3 of the said membership agreement provides that “The return of the entrance fee may be requested after five years from the opening date of the instant golf course.”

C. The Plaintiff is the Defendant around May 19, 2014.

Pursuant to the provisions of the subsection, the Plaintiff sent a content-certified mail to the effect that the Plaintiff returned KRW 130,000,000,000 paid, and around that time, the content-certified mail reached the Defendant.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts found in the judgment on the cause of the claim, the Defendant is obligated to refund to the Plaintiff the amount of KRW 130,000,000 for membership fee and damages for delay calculated at the rate of 20% per annum from July 11, 2014 to the day of full payment after the delivery of a copy of the complaint of this case as sought by the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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