(영문) 서울중앙지방법원 2015.03.03 2014가단5177507

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(영문) 서울중앙지방법원 2015.03.03 2014가단5177507

입회금 반환 청구의 소

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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 70,000,000 and the interest rate thereon from July 10, 2014 to the date of full payment.

Reasons

1. The following facts do not conflict between the Parties:

Dong-dong Co., Ltd. (hereinafter referred to as "Dong-dong,") created a 18-year mone club (hereinafter referred to as "the instant golf club") at the 558-1 unit of Seocheon-si, Seocheon-do.

B. On June 2, 2003, the Plaintiff paid KRW 70,000,000 as an admission fee, and joined the instant golf course as a regular member.

C. Around September 201, the Defendants acquired the instant golf course business from Dong-dong, and completed the registration of the change of sports facility business on the ground of the change of the owner of the instant golf course in the Mapo-do Mayor on December 28, 2011.

On the other hand, the part concerning the return of individual members' admission fees among the rules of the golf course of this case is as follows.

Article 6 (Entry Fees)

1. Membership fees for legal members shall be managed by the company free of interest as membership guarantee money;

2. Where a person requests the return of his/her principal or loss of qualification, etc. after five years have elapsed since the opening of his/her club, the principal shall be returned after going through the prescribed procedures, and where a foreign member is appointed, the amount of Korean won shall be refunded only

3. Where a special situation occurs, the time of return may be adjusted by a resolution of the board of directors.

E. On October 5, 2013, the Plaintiff filed an application for the withdrawal of the instant golf course and claimed the return of the membership fee to the Defendants.

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 70 million and damages for delay at the rate of 20% per annum from July 10, 2014 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case, to the Plaintiff, according to the Plaintiff’s claim.

3. Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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