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(영문) 서울중앙지방법원 2016.05.04 2015나69043
입회금반환
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Facts of recognition;

A. On January 12, 2009, the Plaintiff entered into a membership agreement (hereinafter “instant membership agreement”) with B Co., Ltd. (hereinafter “B”), and paid KRW 21,000,000 for the membership fee.

B. At the time of entering into the instant membership agreement, F entrusted with the recruitment of members from the Defendant (hereinafter “Co., Ltd.”) to “Co., Ltd.” to “Co., Ltd. E”, the Plaintiff paid membership fees for five years after the date of entering into the instant membership agreement, and the Defendant provided the Plaintiff with the “Guidance for Membership Membership of DD”) with the purport that the repayment guarantee is the Defendant,” and the Defendant provided the “Notice for Membership Membership of DG&S E” with the content that the Defendant is the Defendant’s subsidiaries, and B issued the “Notice for Membership of DG&S E” with the content that the Defendant is the Defendant’s subsidiaries.

C. According to the instant membership agreement, “A company (B) shall return the full amount of the membership fee to its members (Plaintiffs) upon the lapse of five years from the date of its membership membership, and the member may request the company to return it before the maturity of five years and three months prior to the expiration of three months, and the membership period shall be automatically extended by five years (Article 3 of the membership agreement).”

On October 2, 2013, the Plaintiff sent a content-certified mail demanding the return of the membership fee to B, and on October 4, 2013, the content-certified mail was served to B.

[Ground of recognition] Facts without dispute, Gap 1, 3 through 5, and 18 evidence (including paper numbers), F's testimony and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, B was requested to return the membership fee from the Plaintiff on October 4, 2013, which was three months before the expiration of five years from January 12, 2009, pursuant to the instant membership agreement, from January 12, 2009, as a member, pursuant to the membership agreement, and thus, B is obligated to return the membership fee KRW 21,00,000 to the Plaintiff on January 12, 2014, which is the expiration of the membership use period.

In addition, the defendant also returned the membership fee under the membership agreement of this case.

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