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(영문) 서울중앙지방법원 2016.04.29 2015가합572781
보증금반환
Text

1. The Defendant: (a) from August 31, 2015 to Plaintiff A among the Plaintiffs’ KRW 120,000,000 and each of the said money; and (b) from Plaintiff B.

Reasons

1. Basic facts

A. The Defendant is operating a golf club with a mutual membership system, “D-based club (hereinafter “D-based golf club”) in Chungcheongnam-si.

B. On August 30, 2010, Plaintiff A entered into the instant golf club membership agreement with the Defendant on September 30, 2010, respectively, and Nonparty E paid KRW 120,000,000 to the Defendant, respectively. Article 7 Subparag. 1 of the instant golf club membership fee (hereinafter “instant golf club rules”) provides that “The membership fee shall be deposited as a membership deposit for five years, and the principal shall be returned upon request of the members for withdrawal from the membership, after the approval of the board of directors.”

C. On April 5, 2012, Nonparty E transferred the status of the member of the instant golf club to Plaintiff B.

On the other hand, on June 12, 2015, the plaintiffs requested the return of the membership fee to each defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since five years have passed since the deposit period of 120,00,000 won and each of the above admission fees, the defendant is obligated to pay damages for delay calculated at each of the rates of 15% per annum under the Civil Act from August 31, 2015, the day following the expiration of the deposit period for the Plaintiff A, and from October 1, 2015, from October 4, 2015, the day following the expiration of the deposit period for the Plaintiff B, to December 4, 2015, the delivery date of a copy of each complaint of this case from October 4, 2015, and from the next day to the day of full payment.

3. Judgment on the defendant's assertion

A. The first defendant's argument on the Defendant's first argument has the right to use the golf club of this case and its consideration, and Article 7 subparagraph 1 of the Rules of this case provides that the admission fee is a membership deposit.

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