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1. The Defendant shall pay to the Plaintiff KRW 400,000,000 as well as 20% per annum from December 7, 2013 to the date of full payment.
Reasons
1. Basic facts
A. On September 14, 2007, the Plaintiff purchased C membership rights for the D&C golf clubs (former trade names: E: hereinafter “instant golf clubs”) operated by the Defendant from C.
B. On September 19, 2007, the Plaintiff received the membership card of the instant golf course from the Defendant, and on February 6, 2009, agreed with the Defendant to guarantee the treatment of “the Plaintiff’s right to use the instant golf course at the end of twice a month” from the Defendant (hereinafter “instant agreement”).
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 4, and 9, the purport of the whole pleading
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff paid KRW 400 million to the Defendant as the membership fee of the instant golf club (hereinafter “instant membership fee”). Since the terms and conditions of the instant golf club do not have a grace period for the membership fee, the Plaintiff sought the return of the instant membership fee with the delivery of the duplicate of the instant complaint to the Plaintiff, as the delivery of the duplicate of the instant golf club.
Therefore, the defendant is obligated to pay to the plaintiff 40 million won of the admission fee of this case and damages for delay.
B. Defendant’s assertion 1) The Plaintiff did not have paid the instant membership fee to the Defendant, and the Plaintiff cannot seek the return of the said membership fee, even if the Plaintiff paid the instant membership fee, the Plaintiff may seek the return of the said membership fee after the ten (10) grace period has elapsed from the date of the payment. However, the Plaintiff cannot seek the return of the membership fee, since ten (10) years have not elapsed from the date of the payment of the membership fee
3. Determination
A. In relation to the payment of membership fees, membership agreements are established by a claim agreement between a golf club facility operator and its members. Unless otherwise stipulated in the terms and conditions of membership, it is no way to pay membership fees.