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(영문) 의정부지방법원 2014.05.30 2013가합73633
입회금반환
Text

1. The defendant shall pay 246,00,000 won to the plaintiff and 20% per annum from January 8, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant is a company established around July 200 and operated a golf course called “Near Amar Seoul” (hereinafter “instant golf course”). The Plaintiff is a person who joined the instant golf course on or around September 2001, as a member of the instant golf course.

B. On September 2001, the Plaintiff submitted an application to the Defendant for membership and paid KRW 216,000,000 to the Defendant, and then subscribed to the instant golf course with a membership card issued by the Defendant.

In addition, on May 26, 2009, the Plaintiff demanded additional contributions for remodeling the instant golf course from the Defendant, and paid KRW 30,000,000 of the contributions.

C. The provisions on admission fees and withdrawals from the rules of the instant golf course are as follows at the time the Plaintiff joined the instant golf course as a member.

Article 9 (Admission) The membership of a club shall be approved by the company in accordance with the prescribed membership procedure, and the person who has obtained the approval for the membership shall pay the membership fee and obtain the certificate of membership, and if the person who has obtained the approval for the membership fails to pay the membership fee, the approval may be revoked.

Article 11 (Entry Fees)

1. The admission fee shall be free of interest for five years in the company, and only the principal present at the time of withdrawal shall be returned, and when a situation of non-argument, such as a natural disaster, occurs, the return may be reserved for a certain period of time in accordance with the resolution

(c) Article 18;

1. The withdrawal shall submit in advance the prescribed application and obtain the approval of the company, and may not approve any voluntary withdrawal for any reason within five years of the attendance.

2. To refund only the principal of the admission fee at a time of withdrawal;

On July 28, 2008, the Defendant held a board of directors to amend the rules of the instant golf course, and enforced the amended rules from August 1, 2008. The provisions on the admission fee and withdrawal from the above amended rules relating to the admission fee and withdrawals are as follows.

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