1. The plaintiff's claim is dismissed.

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

1. The grounds for the claim are as shown in the attached Form “the grounds for the claim.”

2. Determination:

A. First, as to whether the pertinent membership fee return provision constitutes “a clause which excludes the customer’s right to cancel or terminate under the law or limits the exercise of such right,” as prescribed by Article 9 subparag. 1 of the Regulation of Standardized Contracts Act (hereinafter “Terms and Conditions Act”), it is difficult to view that the instant membership fee return provision is a provision which excludes the member’s right to cancel or terminate under the law, or limits the exercise of such right, beyond what constitutes the grounds for termination of the instant membership contract under the agreement between the member and the Defendant, in light of the language and text thereof.

Therefore, this part of the plaintiff's assertion that the above provision constitutes a provision that excludes or limits the customer's right of rescission or termination under the law is without merit.

B. Next, as to whether the pertinent membership fee return clause constitutes “a clause which might unfairly disadvantage customers by unfairly prolonged duration in the duration of the pertinent membership agreement” under Article 9 subparag. 6 of the Terms and Conditions, it is difficult to see that the pertinent membership fee return clause is a provision which could unfairly disadvantage customers by taking into account the following factors: (a) intent and purpose of the instant membership fee return clause revealed in the course of pleading; (b) ordinary transaction practices of the same or similar type of business as the hotel in the instant case; (c) the Enforcement Decree of the Tourism Promotion Act and the Enforcement Decree of the Installation and Utilization of Sports Facilities Act; (d) possibility of transfer of the instant membership fee; (e) degree of the period of twenty (20) years; (e) Defendant’s business necessity; and (e) details and degree of disadvantage suffered by customers including the Plaintiff, etc. of the instant membership agreement; and (e) there is no other circumstance to reverse this.