(영문) 춘천지방법원 2015.06.24 2014가합1089

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(영문) 춘천지방법원 2015.06.24 2014가합1089

입회금반환

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1. The Defendant: (a) KRW 220,00,000 for the Plaintiff and KRW 5% per annum from October 21, 2014 to June 24, 2015.

Reasons

1. Basic facts

A. The Defendant (formerly, Co., Ltd.) is the person who operates the instant golf club from 145-10 to 145-10 (hereinafter “instant golf club”).

B. The Taesan Construction Limited Partnership (hereinafter “Plaintiff”) incorporated into the Plaintiff (hereinafter “Plaintiff”) deposited KRW 20,000,000 on July 2, 2009, and KRW 200,000 on July 20, 2009, in the deposit account designated by the Defendant for the purpose of selling its establishment membership rights to the instant golf course.

C. The Plaintiff’s written confirmation of subscription (hereinafter “instant written confirmation of subscription”) drafted at the time (hereinafter “instant written confirmation of subscription”) is entitled to become a new member when inviting the establishment of a new member of the Pakistan under the supervision of the DaeaCC. (2) The subscription amount paid is written as the contents of the subscription, stating that the subscription amount shall be converted into the membership deposit on the date of establishment of a new member recruitment, and the said money is equal to the subscription amount.

As of April 30, 2010, the Plaintiff drafted a sales contract with the Defendant for the instant golf course members, and the said contract states that “The return of the admission fee shall be five years from the date of entry.”

E. On May 24, 2010, the Plaintiff issued one copy of the membership card (F26-12-101) issued by the Defendant from the Defendant.

F. Of the rules of the instant golf course (hereinafter “instant rules”), the part pertaining to the instant case is as follows.

[Application for Visits]

1. A person who wishes to be a member of the instant golf course shall submit a prescribed application to the defendant and pay the membership fee to the defendant.

[Article 8]

1. A membership fee shall be collected from the defendant as a membership deposit for five years, and the principal shall be returned upon deliberation by the Steering Committee and approval by the board of directors, and the principal shall be returned within three months from the date of request;

[Approval for Attending Article 9]

1. The defendant wishes to become a member.

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