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(영문) 춘천지방법원 2015.10.07 2015가합5804
입회금반환청구 등
Text

1. The Defendant’s KRW 230,000,000 as well as the Plaintiff’s annual rate from September 4, 2015 to October 7, 2015.

Reasons

1. Facts of recognition;

A. The Defendant is a company running the Namcheon-gu, Chuncheon-ro golf club (hereinafter “instant golf club”) at 156, Goeong-ro, Young-gu, Chuncheon-ro.

B. On June 4, 2010, the Plaintiff entered into an agreement with the Defendant on the membership of the instant golf course (hereinafter “instant membership agreement”) and its main contents are as follows. On the same day, the Plaintiff paid KRW 230,000,000 (hereinafter “instant membership fee”) to the Defendant.

1. Membership number: B;

2. Class of members: Individual regular members; and

2. Attending amount: 230,000,000 won; and

3. Date of entry: Five years;

5. Deadline: June 3, 2015

The plaintiff on April 15, 2015 and the same year, each time the above membership contract period expires.

5. Around 29, the Defendant requested in writing the Defendant to “to return the instant membership fee, as it is necessary to withdraw from the regular members of the instant golf course.”

The rules of the golf course of this case and the terms of use are as follows.

Article 6

1. A membership fee shall be deposited in the company with a membership bond for five years, and the principal shall be refunded within 90 days after a request for withdrawal of a member is made by the management committee and the approval of the board of directors within five years from the date the member becomes qualified;

2. A membership fee shall be refunded at the request of a member after the prescribed procedure is followed.

Article 15

2. The company shall submit a prescribed application and obtain the approval of the company when wishing the withdrawal.

3. A member shall not, without the approval of the company, demand the withdrawal within the deposit period of article 6, paragraph 1, from the date of entry, and shall be considered to have been automatically renewed unless the request for withdrawal is made five years before the date of entry.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5, and 6, the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the instant membership agreement was filed for a period of five years after the lapse of five years, and the maturity date of June 3, 2015 arrives, and the Plaintiff requested a withdrawal prior to the expiration date.

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