(영문) 인천지방법원 2015.10.14 2015가단33488

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(영문) 인천지방법원 2015.10.14 2015가단33488

회원권입회금반환

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1. The Defendant shall pay to the Plaintiff KRW 120,00,000 as well as 20% per annum from May 21, 2015 to the date of full payment.

Reasons

1. In light of the reasoning of Gap evidence Nos. 1-1, 2, and 2-7’s evidence as to the cause of the claim, the plaintiff paid KRW 120,000,000 among the defendant on April 16, 2010, to the Libera consortium operated by the defendant, and the plaintiff used the above golf club as a member of the above golf club, and entered into a membership agreement with the company to guarantee the return of principal at the time of request for the return of the principal of the member’s deposit (hereinafter “instant membership agreement”), and the plaintiff from March 27, 2010 to March 27, 2010.

4. The fact that up to February, the Defendant paid the above KRW 120 million to the Defendant, and the Plaintiff requested the Defendant to return the above amount to the Defendant as of March 16, 2015 as the above membership period expired on March 16, 2015, respectively. According to the above facts of recognition, the Defendant is liable to return the above amount to the Plaintiff, except in extenuating circumstances.

2. As to the Defendant’s assertion, the Defendant should be presumed to open a golf club to use the golf club. Since the opening of the instant golf club on September 23, 201, the said term of membership agreement should be calculated from September 23, 2011, and the Plaintiff’s claim for refund of the Plaintiff’s membership fee was not yet arrived. However, as acknowledged earlier, the Plaintiff and the Defendant concluded the instant membership agreement on April 16, 201, set the deposit period at five years, the said deposit period should be calculated from the date of the said agreement, and there is no basis to calculate the deposit period from the opening date of the golf club as alleged by the Defendant.

In other words, the defendant's board of directors changed the term of membership on August 8, 2014 to 10 years from the date of registration, and thus, the plaintiff's deposit period is also.

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