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(영문) 서울북부지방법원 2018.10.25 2018나33136
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

(i)the amount of membership fees additionally paid to pay in advance part;

[] The Plaintiff paid the membership fee as membership fee.

C. C withdrawn from the instant axis around August 2016. At that time, the Plaintiff demanded the Defendant to return the aforementioned advance payment membership fee, but the Defendant did not comply with the above demand for refund until now.

The parts related to this case among the rules of the operation of the stable team of this case are as follows.

Article 3 (Qualification for Membership) Qualification for a player shall be at the same time a player enters the relevant axis and has the qualification as a member, and the recruitment of players shall be the inherent authority of the supervisor.

Article 4 (Duty) All Members shall comply with all the rules established in the articles of incorporation, shall actively participate in the operation and development of this meeting, and shall be obliged to pay membership fees and other membership fees.

1. Membership fees per conference shall be divided into operating expenses and educational expenses;

2. The operation expenses and educational expenses shall be paid in advance from the 25th of each month to the end of the following month.

* The third year shall be paid in advance in an additional amount of KRW 500,000 for each month from April to September.

Article 5 (Disqualifications, Disqualifications, etc.) The disqualifications, etc. for this meeting are as follows: (Advance payment for October to December)

1. Disqualification;

(a) Transfer of a player to another school;

B. Facts that there is no dispute at the time of notifying the intention to withdraw from the principal meeting [based grounds for recognition], Gap evidence No. 1, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

3. The parties' assertion

A. Plaintiff C withdraws from the instant axis around August 2016, and the Defendant, on the grounds of the membership fees in October, November, and December, 2016, should return 2750,000 won (=50,000 won per month x 5 times) in total, which the Plaintiff paid in advance on five occasions from March, 2016 to July 2016, as unjust enrichment.

B. The membership fees paid by Defendant 1 to the members of the relevant sports club shall be determined and collected by the parents association of the pertinent school year, and the management and use thereof shall be conducted by the parents association of the non-Defendant, and the defendant shall participate in the competition.

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