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(영문) 서울중앙지방법원 2017.01.26 2016가합580314
골프회원권보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 230,00,000 and the interest rate of KRW 15% per annum from November 31, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The defendant is a company running a golf course business, tourism and leisure industry, etc.

B. Nonparty Sysi Station Co., Ltd (hereinafter “Sysi Station”) concluded a membership agreement with the Defendant with respect to the Malaysia (Membership Number E60-12-084) with the term from June 21, 2011 to June 21, 2016, setting the membership deposit amount of KRW 230 million, and the membership period of KRW 230 million with respect to the Defendant’s golf course.

C. On June 15, 2011, the Plaintiff purchased the above golf club membership from the Sejong Station in KRW 170 million and succeeded to the status of the said membership agreement.

Around March 16, 2016, immediately before the expiration of the pertinent enrollment period, the Plaintiff submitted an application to the Defendant for the withdrawal of the above golf membership membership membership, and the Defendant approved the Plaintiff’s withdrawal on June 13, 2016 and requested the Plaintiff to postpone the return of the membership fee.

[Ground of recognition] Facts without dispute, entry of Gap 2-6 evidence, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the above golf course membership agreement between the Plaintiff and the Defendant was terminated on June 22, 2016 by the Plaintiff’s withdrawal application and the expiration of the period.

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 15% per annum from November 31, 2016 to the date of full payment, which is clear that the delivery date of the original copy of the instant payment order is the day following the delivery date of the original copy of the instant payment order, as the Plaintiff seeks.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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