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(영문) 수원지방법원 2017.12.13 2017가합15235
부당이득금
Text

1. The Defendant’s KRW 8,530,00 for the Plaintiff and the Plaintiff’s annual rate of KRW 5% from June 15, 2017 to December 13, 2017.

Reasons

1. Basic facts

A. On June 19, 2012, the Plaintiff entered into a membership agreement with the Defendant on a special bearer membership membership agreement (hereinafter “instant membership agreement”) in order to use the Sigsium located in 57-44, the Gyeong-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si (hereinafter “instant golf club”) and its ancillary facilities. The Plaintiff paid KRW 400 million as the membership fee to the Defendant. The recruitment agreement that the Plaintiff received prior to the conclusion of the membership agreement was indicated as follows under the title “special bearer membership agreement,” and the main contents of the special agreement received at the time of the conclusion of the membership agreement are as follows:

Special Inorganic Member - The special time zone for one team members - The exemption from green volume of one team (main/ju) - The operation of the reservation system for special life zone members - the operation of the reservation system for special life zone members - The annual team (two teams): At least four times a month (the permission for a week, the exemption from green volume of all kinds): A special agreement within a total of eight occasions;

4. Period for participation: Seven years.

5. Attended amount: 400 million won.

6. Details 1) Details 1) - Four inorganic names (four in bearers exemptions - Guarantee at the end of the week eight times a month - No limitation on the frequency of reservations during the week.

B. Until March 2014, the Plaintiff used the instant golf course without paying a separate COS fee (hereinafter “FF”) within the scope of 4 times a week during each week, 8 times a month during each week, and 8 times a week if two teams run golf as the same, and 8 times a month during each week, and within the scope of 8 times a month during each week.

C. On the other hand, on February 22, 2014, the Defendant decided to increase the green volume by KRW 5,000 from April 1, 2014 on the ground of the increase of expenses, etc. On February 25, 2014, the Defendant decided to raise the green volume by the temporary general shareholders’ meeting on February 25, 2014. Accordingly, from April 1, 2014 to 30,000 won, the fixed number of members of the instant golf course was raised by KRW 5,00 per person from the Plaintiff from May 1, 2014 to KRW 30,000.

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