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(영문) 서울동부지방법원 2016.10.05 2016가단8351
보증금반환
Text

1. The Defendant’s KRW 150,000,000 as well as 5% per annum from March 13, 2016 to March 15, 2016 to the Plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. (i) The Defendant is a company incorporated for the purpose of leisure, recreational, golf course business, etc.

On January 26, 2011, the Plaintiff entered into a contract under which the Defendant Company would become a regular member of the “B” operated by the Defendant Company (hereinafter “instant contract”) and paid the Defendant Company KRW 150,000,000 in total as the membership fee by the 28th day.

The main contents of the terms and conditions of the instant contract are as follows.

Members referred to in each subparagraph of paragraph (1) shall obtain approval for the entry of a company in accordance with the procedures prescribed in Articles 5 through 10, and shall obtain qualifications at the time of payment of membership money to the Gu account opened in the name of

(1) The term of membership (hereinafter referred to as "members") shall be five years from the time of acquisition of the membership.

However, when five years have elapsed, the session shall be automatically extended without a request for withdrawal from a member, and when a request for withdrawal from a member is made during the extended session, the session shall be terminated immediately (Article 4(3)). The membership fee shall be paid to the company as a security deposit for regular members at the time of regular members' participation, and the company shall be refunded at the time of withdrawal.

The company shall refund the membership fee within one month from the date of request for return.

(Article XI(1) and (2) A member may withdraw when five years have elapsed from the date of his entry.

Members shall notify the withdrawal of a meeting in writing at least one month before the date of arrival, and the notification shall take effect at the time one month has elapsed from the date of arrival.

(Article 13(1) and (2). On February 11, 2016, the Plaintiff requested the return of the amount to be present at the meeting by means of content-certified mail. The notification reached the Defendant Company on the 12th of the same month.

[Reasons for Recognition] Evidence Nos. 1 through 7, Evidence Nos. 1 to 1, and the purport of the whole pleadings

B. According to the above facts of recognition, the Plaintiff has passed five years since the date of entry.

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