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1. The Defendant’s KRW 230,000,000 as well as 5% per annum from April 24, 2016 to May 19, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 17, 2009, the Plaintiff entered into a membership agreement (hereinafter “instant membership agreement”) with the Defendant, which entered into between the Defendant and the Defendant as a regular member of the Plaintiff’s Malaysia (hereinafter “instant golf club”) and paid KRW 230,000,000 to the Defendant.
Article 7 Enrollments
1. Where a company receives a request for withdrawal from a member as a membership deposit for seven years, only the principal shall be refunded upon deliberation by the steering committee and approval of the board of directors;
2. A member for whom seven years have passed after depositing a membership fee shall submit a prescribed application at the time of withdrawal and, in principle, shall be automatically extended if there is no request for withdrawal;
B. The rules of the instant golf course stipulate as follows with regard to the withdrawal and the return of admission fees.
C. On January 14, 2016, the Plaintiff submitted an application to the Defendant to resign from the Defendant on February 18, 2016, when seven years have elapsed since the date of attendance, and sought the return of the amount.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. On February 18, 2016, after seven years from the date of the Plaintiff’s entry, the Plaintiff lawfully rejected the Plaintiff.
Therefore, the Defendant is obligated to pay to the Plaintiff 230,000,000 won as well as damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from April 24, 2016 to May 19, 2016, and 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from the next day to the day of full payment, as the Plaintiff seeks.
Therefore, the plaintiff's claim shall be accepted for the above reasons, and it is so decided as per Disposition.