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(영문) 수원지방법원 2016.12.06 2016가단527314
입회보증금반환
Text

1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate from April 11, 2012 to December 6, 2016, and the following.

Reasons

1. The fact of recognition is that the defendant is a company operating the "Rash Hembae Jeju Island (hereinafter "the instant golf club") located in Seopo-si 5, Seopo-si, Seopo-si, Seopo-si, Jeju Special Self-Governing Province. The plaintiff entered into a membership agreement with the defendant, and paid 30,000,000 won to the defendant on April 6, 2007, and became a member of the instant golf club from April 9, 2007. Article 7 (1) of the Rules of the golf club of this case provides that "The admission fee shall be collected for five years as a membership deposit and shall be returned only with the deliberation of the Steering Committee and the approval of the board of directors, and the fact that the plaintiff applied for the return of the admission fee to the defendant on March 7, 2012 that there is no dispute between the parties, or that it appears in the whole statement in Gap evidence No. 1-6.

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 30,00,000 with the return of the membership fee, and the damages for delay calculated at each rate of 15% per annum as stipulated in the Civil Act, from April 11, 2012, following the due date (the due date for the repayment of the membership fee by the Defendant is from April 9, 2007 to April 10, 2012, following the expiration of the grace period of five (5) years from the date of acquisition of the Plaintiff’s membership) by the Defendant’s liability for performance or the scope thereof, to the Plaintiff, until December 6, 2016, and from the following day to the date of full payment, 5% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

3. For the reasons above, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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