(영문) 서울동부지방법원 2015.05.08 2014가합109240

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(영문) 서울동부지방법원 2015.05.08 2014가합109240

입회금반환청구 등

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1. The Defendant’s KRW 270,000,000 as well as 6% per annum from July 8, 2014 to October 27, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On July 8, 2009, the Defendant: (a) entered into a membership agreement with the Plaintiff, a member number e66-12-5080, a membership fee of KRW 290 million; and (b) received KRW 290 million from the Plaintiff, a membership fee of KRW 5 years (this case’s membership agreement); and (c) received KRW 290 million from the Plaintiff.

B. On December 11, 2012, the Defendant sent to the Plaintiff a notice stating the following:

(A) On November 29, 2012, there was a gap between the management committee and the management committee to determine the requirements of the membership management committee and the membership policy, and the club has set up the self-help measures for the return of membership in the club as follows, and implemented them with the individual consent of the members.

- - Aro -

(a) policy on personal membership rights - sale price of membership rights shall be adjusted to 200 million won in a lump;

(b) refund of the difference following the adjustment of the selling price - The selling price shall be paid in cash not later than 29,000 won by December 15, 2012, and the selling price shall be paid not later than 20,000 won by priority and the 30,000 or more divided members' right shall be paid in cash.

- - The difference after cash payments of 2,000,000 won shall be undertaking to make a lump sum payment by the end of June 2013.

C. On December 12, 2012 and June 25, 2013, the Plaintiff sent to the Defendant an application stating the following:

(2) On December 15, 2012, the Plaintiff appears to have made a mistake in writing on December 15, 2012 in the amount of KRW 200 million, out of the difference in the membership fees in excess of KRW 200,000,000,000,000,000,000,000,000,000,000 won for membership fees, which was calculated on December 15, 2012.

I will submit an application to the club proposal that will receive cash and refund the full amount of the difference exceeding 200 million won by the end of June, 2013.

except that the submission of this application does not consent to an extension of five years, but shall be June 2013.

유사 판례

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