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(영문) 춘천지방법원 2015.10.07 2015가합588
골프회원권 입회금반환
Text

1. The Defendant’s KRW 230,000,000 as well as 5% per annum from August 28, 2015 to October 7, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around May 28, 2010, the Plaintiff joined as a member of the Namcheon-si, Sincheon-gu, Sincheon-ro, 156 (hereinafter “instant golf course”), and paid KRW 230,000,000 as a membership fee to the Defendant.

(hereinafter referred to as “instant membership fee”). Article 6 of the instant membership fee

1. A membership fee shall be deposited in a company with a membership deposit for five years, and only the principal shall be refunded with the deliberation of the Steering Committee and the approval of the board of directors within 90 days, if a request for withdrawal of a member has been made five years after the membership was acquired;

Provided, That where a natural disaster, such as a natural disaster, occurs, the return may be suspended for a certain period of time according to the resolution of the board of directors.

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

XIV.(Loss of Eligibility) A member shall lose his qualification:

2. Article 15 (Desertions);

1. Except as otherwise expressly provided for in the provisions of the Agreement on the Rights and Interests of Members after the issuance of membership cards, regular members shall comply with the period agreed between the club and members;

2. He shall submit a prescribed application and obtain the approval of the company in order to wish the withdrawal.

3. A member shall not, without the approval of the company, demand the withdrawal within the deposit period of Article VI, 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.

4. In the case of withdrawal, only the principal shall be returned as interest without interest.

B. The rules of the instant golf course (hereinafter “instant rules”) stipulate the following with regard to the procedures for admission and withdrawal.

C. On April 10, 2015, the Plaintiff filed an application with the Defendant for withdrawal pursuant to Article 15 of the instant Rules (hereinafter “instant application for withdrawal”) and requested the return of the instant membership fee.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The above facts of recognition are examined.

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