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(영문) 서울중앙지방법원 2015.06.08 2014가단170297
예탁금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 3, 2006, the Defendant Company (formerly, No. 2000 L&S Co., Ltd.) established the plant with plant plant plant with plant plant plant plant with plant plant plant with plant plant plant with plant plant plant with plant plant plant with plant plant with plant plant with plant plant with plant plant with plant plant with plant plant with plant complex with plant complex with plant complex with plant complex (hereinafter “instant plant complex”). The Defendant Company owned 100% of the instant plant’s shares.

B. On May 29, 2007, the Plaintiff entered into a golf club membership agreement (hereinafter “instant membership agreement”) with the instant construction project, and paid KRW 28.5 million to the Defendant Company according to the said membership agreement. The Defendant Company guaranteed the return of the membership fee.

C. The contents of the instant membership agreement pertaining to the instant case are as follows.

(A) The Plaintiff is “A” and the instant construction is “A” (the period of acquisition and retention of membership) Article 5 (1) “A” shall acquire membership from the date of full payment of the membership fees prescribed in Article 2.

(2) The period of membership of "A" shall be five years from the date of acquisition of qualification under paragraph (1).

(Judgment omitted) If “A” or “B” does not raise an objection to qualification, etc. in writing 30 days prior to the expiration date of the qualification period, it shall be extended under the same conditions, and the period shall be as the same.

Article 6 (Return of Membership Fees) (1) In principle, “A” shall not claim the return of the membership fees to “B” before the expiration date of the membership period.

When there is a request for return of “A” after the expiration of the above period, “B” shall return the principal within ten days from the date of the request, and at the same time, “A” shall lose the qualification for membership.

(Ma) [Reasons for Recognition] A. A. 1 to 7, 12, and 1 to the purport of the whole pleadings, without any dispute

2. Judgment on the Plaintiff’s primary assertion

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