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(영문) 수원지방법원성남지원 2014.01.17 2013가합202041
입회금반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a juristic person operating a deposit membership golf club (hereinafter “Bludrt consortium”) in 156-1, the deposit membership golf club (hereinafter “instant golf club”) in Gwangju City, Gwangju City, and the Plaintiff is a member of the instant golf club.

B. On November 20, 2007, the Plaintiff acquired two ordinary membership rights (members C, D) of the instant golf course from Nonparty B, respectively, at KRW 142,50,000. Around that time, the Defendant recruited preferential membership to the effect that “if a regular member or a member holding two ordinary membership rights pays an additional amount of KRW 300 million, he/she may become a preferential member subject to treatment, such as a three-time installment security every week and a one-time bearer card for delegation.” (ii) The Plaintiff entered into a loan agreement with the Defendant for KRW 30 million on November 29, 2007, and paid a loan amount of KRW 30 million on or around December 6, 2007.”

A loan agreement prepared at the time of the loan agreement shall state that "the principal and interest shall be repaid in installments for ten years after the ten-year grace period from the date of the loan, and the interest rate shall be 0.3% per annum: Provided, That where no request for repayment is made after the expiration of the grace period, it shall be automatically extended on a ten-year basis (Article 4)."

3) On March 31, 2009, the Defendant issued and delivered a certificate of KRW 400 million to the Plaintiff. At the bottom of the above certificate of membership fees, the Defendant stated that “the date of return of membership fees shall be ten years from the date of issuance of the certificate of membership fees and, if an application for return is filed in writing within one month from the date of return, the membership fees shall be refunded within three months from the date of application.” (C) The type of members of the instant golf course at the time of the Plaintiff’s membership as members of the instant golf course shall be the ordinary members, preferential members (the members who additionally paid loans of KRW 80 million among the ordinary members, the guarantee of deposit at the end of every week), regular members (the second day of each month).

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