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(영문) 서울동부지방법원 2016.12.09 2015가합110933
입회금 반환 청구의 소
Text

1. The Defendant’s KRW 860,000,000 as well as the annual rate of KRW 5% from November 29, 2015 to December 9, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 31, 2010, the Plaintiff entered into the membership agreement with the Defendant on 4 parts (members number D, E, F, and G) of the legal recognized members of Chuncheon-si B (hereinafter “instant golf course”) located in Chuncheon-si B (hereinafter “instant golf course”) operated by the Defendant (hereinafter “instant membership agreement”).

B and paid a total of KRW 860 million to the Defendant.

B. The rules of the instant golf course (hereinafter referred to as the “Rules”) are as follows.

The relevant provisions concerning admission fees and withdrawal shall be as follows:

Article 6 Enrollments

1. A membership fee shall be deposited in the company with a membership bond for five years, and the principal shall be refunded within 90 days after a request for withdrawal of a member is made by the management committee and the approval of the board of directors within five years from the date the member becomes qualified;

Provided, That the return may be suspended for a certain period of time according to the resolution of the board of directors in the event of force majeure, such as natural disasters.

2. A membership fee shall be refunded at the request of a member after the prescribed procedure is followed.

Article 15 Desertions

2. He shall submit a prescribed application and obtain the approval of the company in order to wish the withdrawal.

3. A member shall not, without the approval of the company, demand the withdrawal within the deposit period of Article VI, paragraph 1, from the date of entry, and shall be considered to have been automatically renewed unless the request for withdrawal is made five years before the date of entry.

C. On July 2, 2015, before August 30, 2015, the expiration date of the membership period, the Plaintiff applied for the withdrawal of membership and return of the membership fee to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 3 through 5 (including additional number), the purport of the whole pleadings

2. The judgment of this Court

A. According to Article 6(1) of the Plaintiff’s argument, the Plaintiff shall return the membership fee within 90 days upon the Plaintiff’s request for withdrawal from the membership. Since the Plaintiff filed an application for withdrawal and return of the membership fee to the Defendant on July 2, 2015, the Defendant shall pay to the Plaintiff the amount of KRW 860,000,000,000 and the said amount.

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