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(영문) 수원지방법원 2016.11.11 2016가합72552
예탁금반환
Text

1. The Defendant amounting to KRW 335,602,00, and KRW 5% per annum from March 22, 2016 to November 11, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company running a golf club business, a tourist leisure business, etc., and establishes and operates an “rash-based club” located in Chungcheongnam-si (hereinafter “instant club”).

B. On May 16, 2002, the Plaintiff deposited KRW 158,000,000 in membership fees when concluding a contract to join the instant club as a member under E60-12-041, and on October 18, 2010, the Plaintiff deposited KRW 178,000,000 in membership fees when concluding a contract to join the instant club as a member under E60-12-032.

(hereinafter referred to as “each of the instant membership agreements”) C.

On January 29, 2016, the Plaintiff filed an application with the Defendant for the withdrawal of each member, and applied for the return of each member fee. However, the Defendant did not comply with this up to now.

The main contents of the defendant association rules are as follows:

Article 7 (Entry Fees)

1. A membership fee shall be refunded only the principal upon deliberation by the operating committee and approval of the board of directors, upon request of a member to resign from the company for five years, as a membership bond;

2. A member for whom five years have passed after depositing a membership fee shall submit a prescribed application at the time of withdrawal, and in principle, the membership fee shall be automatically extended if no request for withdrawal is made;

Article 15 Members shall not request a withdrawal from the company without approval of the company within the grace period of Article 7 from the date of entry, and shall be considered to have been automatically renewed unless an application for withdrawal is made after five years have elapsed from the date of entry.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings

2. Determination:

A. In addition to the purport of the entire argument in the above basic facts regarding the cause of the claim, each of the instant membership agreements was automatically renewed due to the Plaintiff’s failure to make a request for withdrawal or return of membership fees at the lapse of five years, which is the duration of membership of the instant club, but each of the following cases.

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