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(영문) 수원지방법원평택지원 2015.11.18 2015가합9594
입회금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 250,00,000 and the interest rate of KRW 15% per annum from September 17, 2015 to the date of full payment.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in each entry in Gap evidence 1, Gap evidence 2, and Eul evidence 3:

On April 16, 2007, the Plaintiff admitted as a member of the Enbbru consortium (hereinafter “instant golf club”) operated by the Defendant, and paid KRW 250,000,000 (hereinafter “instant membership”).

B. The opening date of the instant golf course is June 24, 2007.

C. On June 16, 2015, the Plaintiff filed an application for withdrawal to the Defendant and sent to the Defendant a document certifying the content of the intent to claim the return of the instant membership fee, and around that time, the said document reached the Defendant.

The provisions concerning the return of membership fees in the rules and terms of use of the instant golf course are as follows.

Article 8 (Return of Deposits)

1. The membership fee shall be deposited as a deposit with no interest in the company for five years from the date of opening the membership, and shall be returned only to the principal according to the agreement determined by the company if there is a request for withdrawal;

In addition, even if the member is expelled, only the principal of the member shall be returned.

Provided, That the return may be extended for a certain period of time according to the resolution of the board of directors if it is impossible to pay immediately due to natural disasters or company circumstances.

2. The return of the membership fee shall be returned within three months after written request for the return.

2. Judgment on the parties' arguments

A. (i) The Plaintiff filed an application for withdrawal from the instant golf course around June 16, 2015 with the lapse of five years from the opening date of the instant golf course and requested the Defendant to return the instant membership fee in writing. According to the rules and the terms and conditions of use of the instant golf course, the fact that the return of the membership fee is required within three months after the written request for return is as stated in the foregoing basic facts. Thus, according to the above facts of recognition, barring any special circumstance, the Defendant is the Plaintiff as the Plaintiff’s membership fee of KRW 250,000,000, and the Plaintiff, barring special circumstances.

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