beta
Text
1.The judgment of the first instance shall be modified as follows:
On August 24, 2012, between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).
Reasons
1. Basic facts
A. The Plaintiff is a company that receives a security deposit and membership fee by inviting golf members, and provides golf members with services for the use of the golf course with which the Plaintiff entered into a partnership or purchased membership.
B. On August 24, 2012, the Defendant entered into a golf membership use contract with the Plaintiff (hereinafter “instant contract”), and paid 15.95 million won to the Plaintiff (i.e., deposit amount of KRW 7.7 million, KRW 7.5 million, KRW 7.5 million, KRW 7.5 million).
C. The main contents of the Plaintiff’s terms and conditions applicable to the instant contract are as follows.
Article 3 (Definitions of Terms and Conditions)
5. Guarantee money: It shall be operated through a non-life insurer, financial institution, etc. as determined by the Republic of Korea at the maturity of its members.
6. Membership fees: It shall not be refunded after a golf service contract has been concluded with the costs of operating and managing the new golf membership and providing the prescribed services to suppliers in order to provide them more efficiently;
Article 7 (Arrears and Withdrawal)
2. The contract cannot be cancelled in principle after the balance is paid in full.
Provided, That in the event of an application for middle termination due to inevitable circumstances, the remaining amount shall be refunded after deducting the penalty of 10% based on the total amount, service charges, and the service completion fees according to the transitional period for which the service is provided.
3. "Inevitable circumstances" in paragraph 2 is limited to death, emigration, etc. of a member.
Article 4 (Use of Facilities in Rules for Use Management)
1.No person shall use a golf course secured by a supplier to a person recognized by the supplier as a principal member or family member, preferential member, associate member, and general treatment once a month.
Article 7 (Details of Deposits)
1. The deposit shall be refunded only to the principal without interest at the time of request for return after maturity (five years);
The Defendant was provided 16 times pursuant to the instant contract from September 6, 2012 to October 14, 2013.
[Ground of recognition] A.