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(영문) 서울고등법원 2016.09.02 2015나2036660
손해배상(기)
Text

1. The part of the judgment of the court of first instance is revoked.

2. The plaintiff's claim is dismissed.

3. The plaintiff and the defendant.

Reasons

(b) to remove; and

3) The following facts can be acknowledged by taking into account the following facts: Gap evidence 1-1 to 4, Gap evidence 1-2, 3-3, Gap evidence 6, 7, 8, Gap evidence 10, 11, Gap evidence 12, 13-1 to 6, Gap evidence 14-1, 2, 3, Gap evidence 15-1, 2, Eul evidence 21-1 to 5, Eul evidence 3 through 8, Eul evidence 12, and the whole purport of the pleadings.

The first instance court's 10 pages 11 to 12 pages 7 shall be followed as follows.

1) On February 23, 2009, J issued a certificate of membership fee of KRW 400,000 (certificate number K, membership number L) from the Defendant, and the Plaintiff (a joint stock company prior to the alteration of the organization) received KRW 240,00,000 from J on March 2, 2009, the Plaintiff (a joint stock company prior to the alteration of the organization)’s regular membership right of the instant golf course (hereinafter “instant regular membership right”).

(2) The full text of the certificate of membership fee of KRW 400 million states that “I confirm that the above amount has been received as a fluort club membership fee. * The date of return of membership fee: the date of return shall be ten years from the date of issuance of the certificate of membership fee and, if an application for return is filed in writing within one month from the date of return, the membership fee shall be refunded within three months from the date of application: Provided, That if no request for return is made within one month from the date of return, the membership fee shall be automatically extended on a ten-year basis.”

E. Defendant’s membership type and number 1) The instant golf course obtained approval from Gwangju City on January 3, 2001 for membership recruitment from 1,420 members. The Defendant, on February 2, 2006, had 564 regular members, did not participate in the establishment of the Or-do tourism among the members on board from the Gyeonggi-do Governor around February 2006 under the status of 564 regular members.

A) The Defendant received a loan of KRW 110 million per old unit from 10,054 on March 207, 2007 from 10,000,000 as a general member. (2) Since then, the Defendant received two times from 2007 and around May 2008.

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