Text
1. The defendant's KRW 233,00,000 and about this, 5% per annum from June 24, 2020 to October 29, 2020 to the plaintiff.
Reasons
1. Facts of recognition;
A. C entered into a membership agreement with the Defendant on December 13, 2006, which included KRW 233,000,000 as a security deposit and entered into as a regular member (F) of E located in the Jeju Island D operated by the Defendant (hereinafter “instant golf course”).
B. On May 30, 2019, the Plaintiff acquired membership rights of the said golf course (hereinafter “instant membership rights”) from C, and received a certificate of deposit transfer, membership certificates, and C’s certificate of personal seal impression, etc.
Around that time, the Plaintiff requested the Defendant to return the deposit, accompanied by C’s certificate of deposit transfer, a member card, a membership card, and C’s certificate of deposit transfer, a notice of deposit transfer, a written application for return of membership fee, etc. stated in the remarks column.
C. Meanwhile, according to the Defendant’s bylaws (No. 8), a regular member shall receive a membership fee for ten years after the registration of the member, and where a request for return is made after the expiration of the grace period or an expulsion is made from the member, only the principal shall be returned (Article 7 of the Regulations), and where a member is transferred or excluded, the membership shall be lost.
(Reasons for Recognition) [Article 5 and Article 14 of the Regulations] . [Ground for Recognition] .] An absence of dispute, entry of Gap evidence Nos. 1, 2, 4, and 8, the purport of the whole pleadings.
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff acquired the instant membership right and the claim for the return of the membership fee accompanying it to C, and upon delegation from C of the transfer notice, applied for the return of the membership fee to the Defendant on June 3, 2019, and the said declaration of intent reached the Defendant on June 3, 2019. Therefore, the Defendant is obliged to pay the Plaintiff the amount of KRW 233,000,000 and the damages for delay from June 14, 2019, when 10 days have elapsed since the date when the declaration of intent to return the membership fee was delivered. 2) The Defendant’s assertion did not provide the Defendant with a notice of transfer of the right to claim the return of the membership fee.