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(영문) 수원지방법원 2019.05.10 2018가단552444
입회금반환
Text

1. The defendant shall pay 4,008,219 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

2.Paragraph 1.

Reasons

1. Facts of recognition;

A. On June 30, 2008, the Plaintiff (Co., Ltd.) acquired membership rights from D and E (hereinafter “instant golf course”) operated by the Defendant, and applied for membership as a member of the instant golf course against the Defendant on July 2, 2008, and registered as a member on the same day.

B. On July 11, 2018, the Plaintiff filed a claim with the Defendant to return KRW 190,000,000 as the membership fee has expired, and the Defendant returned the said membership fee on November 30, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, each entry of No. 6, the purport of the whole pleadings

2. Determination

A. (1) According to Article 18 of the Installation and Utilization of Sports Facilities Act and Article 19 subparag. 3 of the Enforcement Decree of the same Act concerning the cause of a claim, a sports facility business entity shall return a membership fee within 10 days from the date the member whose term of validity of membership expires requests the return of the membership fee upon expiration of the term of validity of membership. (2) According to the above facts of recognition, the Defendant, a sports facility business entity, received a claim for the return of the membership fee from the Plaintiff on July 11, 2018, even if he/she received a claim for the return of the membership fee from the Plaintiff, the Defendant returned the membership fee on November

Therefore, the defendant has the obligation to pay to the plaintiff 190,000 won (=190,000 x 5 x 121/365 x 1215 x 15 x 65 days) an annual rate of 5% per annum prescribed by the Civil Act from July 22, 2018 to November 19, 2018, which is clear that it is the date service of a copy of the complaint in this case from July 22, 2018, and from the following day to November 30, 2018, the sum of damages for delay calculated at the rate of 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings until November 30, 2018.

B. As to the Defendant’s assertion, the Defendant does not claim damages for delay on the admission fee returned between the Plaintiff and the Plaintiff.

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