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(영문) 서울중앙지방법원 2016.09.09 2015가단5382429
입회금반환청구의 소
Text

1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and 5% per annum from October 20, 2015 to January 8, 2016.

Reasons

1. Basic facts

A. On August 23, 2010, the Plaintiff acquired golf membership membership from the Gangnam 300 KAC operated by the Defendant (hereinafter “instant golf membership”) and paid KRW 40 million as membership fees by changing the membership of the instant golf membership.

B. The rules of the instant golf course and the terms and conditions of membership are as follows with respect to the return and withdrawal of membership fees.

Article 10 (Admission Fees) of the Rules shall be collected as a membership deposit with no interest for five years in the company, and where a request for withdrawal from the company is made thereafter, only the principal already paid shall be refunded after undergoing prescribed procedures.

Article 16 (Desertion)

1.The member may withdraw from the membership after the lapse of five years from the date of issuance of the membership card.

Article 18 (Renewal of Membership Registration)

1. A regular member shall renew the registration of a member to the company not later than 30 days before the expiration of 5 years after the date of his admission.

2. The renewal of the registration period of a member shall be deemed to have elapsed;

Article 10 (Entry Fee) of the Terms and Conditions for Invitation of Members shall be paid to the company as a deposit for regular membership with no interest for five years, but shall lose the membership by repaying only the principal paid at the expiration of 30 days before the expiration and after the procedures for notification of the refund of the deposit.

Article 11 (Desertion)

(a)a member may withdraw from the date of issuance of a membership card five years after the date of issuance;

(b) In order to escape, an application for withdrawal and a membership card and a membership card shall be submitted to the company for approval thirty (30) days before the expiration of the membership period;

C. A member may not file an application for withdrawal during this period on the ground that it has been automatically renewed for five years in the absence of an application for withdrawal, even after five years have passed since the above paragraph (a) was set forth therein.

C. On October 16, 2015, after five years from the date of entry, the Plaintiff sent to the Defendant a certificate of contents demanding the return of the membership fee, and the above certificate of contents reached the Defendant on October 19, 2015.

[Ground of recognition] There is no dispute.

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