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(영문) 인천지방법원 2016.06.08 2015가단237129
입회금반환청구
Text

1. The Defendant’s KRW 150,000,000 as well as the Plaintiff’s annual rate from May 2, 2015 to October 8, 2015.

Reasons

1. Basic facts

A. The Defendant is a company that operates the instant golf club located in Seocheon-dong (hereinafter “instant golf club”).

B. On September 28, 2009, the Plaintiff paid each of the Plaintiff KRW 130,000,000 as a membership fee, and KRW 130,000,000 on March 31, 2010, and thereafter joined the instant golf club as a member on March 31, 2010.

C. Of the golf club rules of this case, the provisions pertaining to admission, withdrawal, and the return of the admission fees are as follows.

Article 9 (Entry)

1. A person who intends to become a regular member shall obtain the approval of a company by taking the procedures determined by the company, and shall obtain the qualification for a member by making the membership fee determined by the company in full as a membership deposit and by obtaining a membership card and a membership card;

Article 10 (Return of Membership Fees)

1. If a regular member is disqualified, the company shall return the membership fee received by it within 30 days from the date on which such member is disqualified.

Provided, That in the case of transfer or acquisition of membership, the company shall not return the membership fee.

Article 12 (Loss of Membership) A member shall lose his/her membership in any of the following cases:

2. Desertions Article 13 (Desertions)

2. No return may be voluntarily withdrawn unless five years have passed from the date of entry;

D. On February 23, 2015, the Plaintiff expressed the Defendant’s intent to withdraw the instant golf club. On April 1, 2015, when five years have elapsed from the date of entry pursuant to Article 13 subparag. 2 of the instant golf club rules.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1, 2, Gap evidence 4 and 5, Gap evidence 6-1 and 6-2, and the purport of the whole pleadings

2. On April 1, 2015, the Plaintiff was disqualified for membership of the instant golf club pursuant to Article 12 of the Rules of the instant golf club by withdrawing from the Plaintiff on April 1, 2015. As such, the Defendant returned the instant golf club membership fee pursuant to Article 10 of the Rules to the Plaintiff, which was KRW 150,000,000, and the date on which the said membership is disqualified, from April 1, 2015.

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