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(영문) 수원지방법원 2014.08.26 2013가합27643
입회금반환
Text

1. The defendant is entitled to refund the certificate of deposit for membership guarantee (C) from the plaintiff A.

Reasons

1. On or around June 10, 2008, Plaintiff A entered into a contract with each of the Defendant for the regular members of the windsurgic golf club operated by the Defendant (hereinafter “instant golf club”) with each of the Defendant on or around July 8, 2008, and paid KRW 170 million as the membership fee to the Defendant. On the same day, Plaintiff A received respectively the certificate of membership (Plaintiff A membership number, Plaintiff B number, and Plaintiff B number: D) and the certificate of deposit for membership, which proves that the Defendant is a member of the instant golf club.

Each of the above certificates of membership guarantee shall prove that they have deposited KRW 170,000 as the security deposit for regular members of the golf club in this case, and this amount shall be returned at the same time as the withdrawal of the principal certificate when there is a request for return from the holder of the certificate after five years from the date of commencement of the membership. However, if there is no request for return at maturity, it shall be extended every five years."

On June 2013, the Plaintiffs demanded the Defendant to refund each of the above security deposits on the grounds of the expiration of the membership period.

The provisions pertaining to the return of the security deposit for membership in the golf club membership membership agreement (hereinafter “instant golf club membership agreement”) are as follows.

Article 13 (Admission) The membership of this club shall be acquired by obtaining the approval of the company in accordance with prescribed membership procedures and obtaining membership cards.

Article 14 (Entry Fees)

1. Membership fees shall be paid to the account designated by the company as membership and the principal shall be refunded at the time of retirement;

Provided, That the return may be suspended for a certain period of time according to the resolution of the board of directors in the event of force majeure, such as natural disasters.

[Grounds for Recognition: Facts without dispute, entries in Gap evidence 2 and 3 (including each number), the purport of the whole pleadings]

2. According to the above facts, according to the judgment on the cause of the claim, the plaintiff A around June 10, 2008, and the plaintiff B around July 8, 2008.

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