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(영문) 광주지방법원 2014.11.19 2014가단520585
보증금반환
Text

1. The defendant shall pay 95,00,000 won to the plaintiff and 20% per annum from August 28, 2014 to the day of complete payment.

Reasons

1.The following facts may be found either in dispute between the parties or in full view of the respective descriptions of evidence A Nos. 1, 2, and 3 and the purport of the entire pleadings:

The Defendant owned and operated the instant golf course in Hampon-si, Hampon-si, 1-6, Hampon-si, Hampon-si. The relevant terms and conditions of the instant golf course are as follows.

Article 8 Visits and Return

1. Membership fees shall be deposited in the company as a membership bond with no interest for ten years;

2. If a reason for withdrawal exists, such as a request for withdrawal or expulsion, only the principal shall be refunded in accordance with prescribed procedures.

Provided, That where it is impossible to pay immediately due to a natural disaster, etc., the return may be extended for a certain period.

3.Notwithstanding notice on the expiration of the deposit period, if a member fails to request the return of the deposit, the deposit period shall be automatically extended.

Article 12 Transfer of Membership Rights

1. The qualification and rights of members may be transferred in accordance with the procedures determined by the company;

Article 14 Withdrawal of Members

1. A member may not withdraw within ten years from the date of full payment of the price;

Provided, That in cases where there is an inevitable reason that a member is unable to use his/her membership any longer due to the death, immigration, or disability of the member, he/she shall file an application for withdrawal with the company

B. On December 7, 2012, the Plaintiff purchased membership (as of August 26, 2004, deposited amount of KRW 95,000,000, and one unit per individual) of the instant golf course and acquired it.

C. On July 25, 2014, the Plaintiff requested the Defendant to return the membership fee related to the above membership.

2. Determination

A. According to the above facts, the defendant is presumed to have paid in full the above membership price on August 26, 2004, which is the date of sale of the above membership. Thus, the date on which the defendant can claim the return of the above membership fee to the defendant when he withdraws from the membership of the golf club of this case, pursuant to Article 14(1) of the above terms and conditions, shall be the Civil Act on August 27, 2004, which is ten years after

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