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(영문) 서울동부지방법원 2015.10.22 2015가단112345
입회금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 178,00,000 as well as 20% per annum from May 19, 2015 to the date of full payment.

Reasons

On May 11, 2005, when the Plaintiff joined the Defendant’s Malaysia (hereinafter “Malaysia”) on May 11, 2005, paid KRW 178,00,000 to the Defendant, and received a membership guarantee deposit certificate from the Defendant, and the Plaintiff did not transfer the status of its member to a third party, there is no dispute between the parties. According to the evidence No. 1, the fact that the Defendant agreed to return the above membership fee when the Plaintiff requests the return from the registered seal of the certificate after five years from the date of membership, and the fact that five years have elapsed from the above date of membership is apparent, and the fact that the copy of the complaint of this case was delivered to the Defendant on May 18, 2015, which stated the Plaintiff’s declaration of intention to recover the Plaintiff’s membership fee, is apparent, and thus, the Defendant is obligated to return the above membership fee to the Plaintiff, barring special circumstances.

Since the defendant did not file an application for return with the defendant until the expiration date, the defendant asserts that the above rules were automatically extended in accordance with the rules of the Rash's meeting. Thus, according to the statement in Eul No. 1, Article 7 subparagraph 2 of the Rules of the Rash's meeting provides that "10 years have passed after the deposit of the Rash's meeting shall submit a prescribed application at the time of withdrawal and shall, in principle, extend automatically if there is no request for withdrawal," and Article 15 of the Rules provides that "a member shall not demand an withdrawal within the grace period of Article 7 from the date of entry without the approval of the company, and the automatic renewal shall not be deemed to have been made without the request for withdrawal after the expiration of ten years, but there is no evidence to acknowledge that the plaintiff and the defendant agreed that the above rules are contents of the agreement on the return of the Rash's membership fee, which is different from five years in accordance with the Rules of the Rash's meeting with the plaintiff as the ten-year period stipulated in the Rules.

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