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(영문) 광주고등법원 2016.02.03 2015나13101
입회금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant is a company operating a non-maid-convene club (hereinafter “instant golf club”) located in 292-90, in the order of the U.S. in the U.S. in the order of the U.S.-gun.

B. From October 15, 2007 to January 31, 2008, the Plaintiff paid in full the amount of KRW 150,000,000 (hereinafter “the instant membership fee”) to the Defendant three times, and obtained the Defendant’s approval on March 31, 2008, the Plaintiff acquired the Plaintiff’s regular membership qualification (the membership number B) of the instant golf course.

C. The rules of the instant golf club membership provide for the withdrawal of membership and return of membership fees, as follows:

(hereinafter referred to as the “instant rules”). Attendance at Article 7

1.The person who wishes to be a member of this club shall submit a prescribed application for membership and shall pay the membership fee after obtaining the defendant's approval.

2. In filing an application for membership as a white-member, a user shall be nominated unless the defendant specifically determines otherwise;

Article 8 Enrollments

1. Membership fees shall be deposited in the defendant as membership deposits separately determined by the defendant, without interest;

3. If a request for withdrawal, expulsion, or any other reason for withdrawal exists, only the principal shall be returned in accordance with the prescribed agreement determined by the defendant and Article 16 (Withdrawal and Return of Membership Money) and, in the case of an overseas member, the refund shall be made in Korean won at the time of entry.

Article 9 Approval for Participation

2. When a defendant approves a membership, the membership cards shall be issued after being registered on the membership roll and the full amount of the membership fees is paid in full;

Article 16 Desertions and Return of Visitss

1. He/she shall submit a prescribed application to the effect that he/she wishes to depart and obtain the approval of the defendant;

2. A member may not demand a withdrawal within seven years from the date of full payment without the defendant's approval.

3. The defendant shall return only the principal when granting approval for the withdrawal.

On December 24, 2014, the Plaintiff paid to the Defendant the amount that he/she would retire on January 31, 2015 after seven years from January 31, 2008, which was the full payment date of the instant membership fee.

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