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(영문) 서울중앙지방법원 2017.09.06 2017가단5030791
입회금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from April 18, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 4, 2011, the Plaintiff entered into a contract with the Defendant to join the instant club (hereinafter “instant membership agreement”) with the Defendant as a regular member of the said club (hereinafter “instant club”) operated by the Defendant, and paid KRW 150,000,000 on the same day to the Defendant as the membership fee (hereinafter “instant membership fee”), and acquired the qualification of the instant club’s regular member on the same day.

B. At the time of the instant membership agreement, the Defendant agreed to return the instant membership fee to the Plaintiff, upon the lapse of five years after the Plaintiff acquired the qualification as a regular member of the instant club, and upon the request of the Plaintiff for the return of the instant membership fee.

C. Meanwhile, the main contents of the terms and conditions of use applicable to regular members of the instant club (hereinafter “instant terms and conditions”) are as follows.

§ 4. Members of this Sub-Section.

3. The duration of membership shall be five years from the time of acquisition of the qualification for member; and

Provided, That if there is no explicit request for withdrawal from a member at the expiration of five years, the term of existence shall be automatically extended, and if there is a request for withdrawal from a member during the extended session, the term of existence shall be terminated immediately.

Article 11 (Entry Fees)

1. The membership fee shall be paid to the defendant at the time of entry as a membership bond of a regular member, and the company (defendant) shall return it at the time of withdrawal;

2. The company (the defendant) shall refund the membership fee within one month from the date of request for return.

Article 13 (Desertion)

1. A member may withdraw when five years have elapsed from the date of his admission.

2.The member shall notify the withdrawal in writing not later than one month before the date of the withdrawal, and the withdrawal shall take effect when one month has passed after the date of receipt of the notification.

[Reasons for Recognition] Facts without any dispute, Gap's 1 to 3 evidence, Eul's 1, the purport of the whole pleadings

2. Determination as to the cause of the claim.

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