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(영문) 창원지방법원 통영지원 2018.05.15 2017가단26941
회원권 입회금 반환 청구의 독촉사건
Text

1. The Defendant’s KRW 54,00,000 as well as annual 5% from July 31, 2017 to December 5, 2017 to the Plaintiff, and the following day.

Reasons

1. Around June 21, 2007, the Plaintiff entered into a membership agreement with the Defendant on the part of the Defendant on the part of the Plaintiff, which entered into with the Defendant for the membership membership agreement with the Defendant’s “in the instant agreement” (hereinafter “instant agreement”) and paid KRW 54,00,000 on June 21, 2007.

With respect to the acquisition and holding period of membership and the return of membership fees, the instant contract provides for the following matters:

Article 4 (Acquisition and Retention Period of Membership) (1) The plaintiff shall acquire membership from the date of full payment of the membership fees prescribed in Article 2.

(2) The period of qualification for the plaintiff shall be ten years from the date of acquisition of qualification under paragraph (1).

Provided, That the expiration date of the membership period of a person who has succeeded to membership is the same as the expiration date of the first policyholder.

Article 5 (Return of Membership Fees) In principle, the plaintiff may not claim the return of the membership fees to the defendant before the expiration date of the membership period.

When the plaintiff's claim for refund is filed after the expiration of the above period, the defendant shall return the principal of the membership fee, and the plaintiff shall lose the qualification at the same time as the membership fee is returned.

On June 20, 2017, the Plaintiff filed an application with the Defendant for a refund of KRW 54,000,000, on the ground that the period of qualification prescribed in the instant contract expired.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 4, the purport of the whole pleadings

2. According to the facts found in Paragraph 1 of the judgment on the cause of the claim, on June 20, 2017, the Plaintiff’s “rash golf telee” holding period expired.

As such, the defendant is obligated to pay to the plaintiff 54,00,000 won as the refund of the principal of the admission deposit, and as a result, after the expiration of the membership period, 5% per annum under the Civil Act from July 31, 2017 to December 5, 2017, which is clearly indicated that the delivery date of the original copy of the payment order is the delivery date of the payment order, and 5% per annum from the following day to the date of full payment.

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