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(영문) 서울고등법원 2015.01.15 2014나45180
입회보증금반환
Text

1. Of the judgment of the court of first instance, each of the plaintiffs' 99,00,000 won and each of the above amounts against the defendant from January 9, 2015.

Reasons

1. Basic facts

A. The Defendant is a juristic person that operates a golf course (hereinafter “instant golf course”) with the trade name “house pen conference” in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seowon-gun.

B. As indicated below with the Defendant, the Plaintiffs entered into a membership agreement with the Plaintiff A on July 16, 2009, and Plaintiff B on July 15, 2009, respectively, and accordingly paid KRW 99,000,000 as a membership fee, and acquired the membership fee from the Defendant.

C B B B of 15 July 15, 2009 KRW 99,000,000 on 110,000,000,000 for observers actually paid as observers on July 16, 2009

C. Of the rules of the instant golf course (hereinafter “instant rules”), the contents on the admission fees are as follows.

Article 7 Attendance

1. A person who intends to become a member of this club shall submit a prescribed membership report and pay the membership fee after obtaining approval from the company;

Article 8 Visits and Return

1. Membership fees shall be deposited in the company as a membership bond with no interest for five years;

2. Where a reason for withdrawal exists, such as a request for withdrawal or expulsion, only the principal shall be refunded according to the prescribed procedures.

(within 60 days). Withdrawal of a member under section 14.

2. A member shall not, without the approval of the company, request the withdrawal within five years from the date of full payment, and if a member withdraws, only the principal shall be refunded;

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including each number in the case of additional number), and the purport of the whole pleadings

2. Determination as to the cause of action

A. The main point of the plaintiffs' assertion is that the defendant bears the duty to refund the admission fee and its delay damages in accordance with Article 8 of the Rules of this case where the withdrawal of the members and the return of the admission fee are requested for five years after the date of entry into the golf course of this case.

Plaintiff

A shall be five years from the date of each entry, around July 15, 2014, and around July 14, 2014, respectively.

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