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(영문) 수원지방법원 2015.09.16 2014나46089
입회보증금반환
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 20 million and to the Plaintiff the full payment from February 6, 2014.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter referred to as “Nonindicted Company”) was equipped with a riding club facility on the Yandong-gu and 2 parcels outside Ansan-gu, Ansan-si and operated a riding club (hereinafter referred to as “instant riding club”) with the trade name of “C” after reporting the sports facility business to the head of Ansan-si, Ansan-si, 15 April 201.

B. On March 3, 2012, the Plaintiff entered into a CVIP membership agreement (hereinafter “instant membership agreement”) with the Nonparty Company, setting the period of use of KRW 20 million as five years from the date of entry.

The terms and conditions of the non-party company's VIP membership agreement (hereinafter referred to as "instant terms and conditions") are as follows.

C The term of existence of membership in Article 10 of the Regulations and the Terms of Use

2. Members may choose one of the total refund and terms and conditions of withdrawal or permanent acquisition and sale after five years (60 months) from the time of admission;

Article 13 Termination of the Contract (Loss of Membership)

1. The following circumstances shall be deemed to have terminated a contract and the qualification of members shall be lost:

(a) Where the due date for which the refund of a security deposit has been fixed has arrived after five years of subscription under Article 10 (2);

2.The time of termination of the contract and the time of loss of membership under the preceding paragraph are:

In the case of paragraph (1)(a), - Return of the deposit under Article 16 of the expiration date

1. C shall refund the full amount of the deposit within 60 days of the date mentioned in Article 13 above and any of the following subparagraphs:

In the case of Article 10, the expiration date under paragraph (2) of the same Article.

(b) In cases of Article 13, the date on which the contract under paragraph (2) (a) of the same Article is terminated;

2.C shall pay only the balance of the security deposit payable to the member under this Article after offsetting any monetary obligation owed to C by the member concerned among the security deposit payable to him/her.

C. On March 7, 2013, Nonparty Company sold the instant riding track site to the Defendant, etc., and the same year.

5. 20. The Defendant entered into a transfer agreement on the instant riding course with the Defendant.

The defendant.

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