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(영문) 서울중앙지방법원 2016.08.11 2014가단5276220
보증금반환
Text

1. The Defendant’s KRW 14,120,050 for the Plaintiff and 5% per annum from October 9, 2014 to August 11, 2016.

Reasons

1. Basic facts

A. The Defendant is a company that receives a deposit and membership fee by inviting golf members and provides golf members with services for the use of the golf course with which the Defendant concludes a partnership or purchased membership.

B. On August 23, 2011, the Plaintiff entered into a golf membership use contract with the Defendant (hereinafter “instant contract”) and paid KRW 24.1 million to the Defendant (i.e., KRW 12 million (i., KRW 1.1 million).

C. Major contents of the terms and conditions applicable to the instant contract (hereinafter “instant terms and conditions”) and relevant statutes are as follows.

Article 3 (Definitions of Terms and Conditions)

5. Guarantee money: It shall be operated through non-life insurers, financial institutions, etc. as determined by the Republic of Korea at the maturity of its members.

6. Membership fees: It shall not be refunded after a golf service contract has been concluded with the costs of operating and managing the new golf membership and the required services are paid to the suppliers in order to provide them more efficiently; and

Article 7 (Arrears and Withdrawal)

2. The contract cannot be cancelled in principle after the balance is paid in full.

Provided, That the remaining amount shall be refunded after deducting the penalty of 10% based on the total amount, service charges, and the service completion fees according to the transitional period for which the service is provided, in the event of an application for middle termination due to unavoidable circumstances.

3. "Inevitable circumstances" in paragraph 2 is limited to death, emigration, etc. of a member.

Article 4 (Use of Facilities in Rules for Use Management)

1.One member, or family member, preferential member, associate member, or general treatment shall be used five-monthly for a golf course secured by a supplier to a person recognized by a supplier.

Article 7 (Details of Deposits)

1. The deposit shall be refunded only to the principal with no interest accrued at the time of request for return after maturity (five years);

Article 2 (Definition of the Act on Door-to-Door Sales, etc. (hereinafter referred to as the "Act") 10. The term "recurring transactions" means one month.

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