(영문) 서울동부지방법원 2016.10.25 2016가합101080

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(영문) 서울동부지방법원 2016.10.25 2016가합101080

입회금반환 청구

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On May 11, 2009, the Defendant published a membership recruitment plan (hereinafter “instant publication”) stating that the Defendant received an application for priority to a membership agreement with respect to a golf club Seoul (hereinafter “the instant golf club”) from May 11, 2009 to June 20, 2009, and that the priority applicant would be determined by drawing when the number of applicants exceeds the number of applicants.

On May 13, 2009, the Plaintiff paid KRW 10 million to the Defendant with the priority application amount, and on May 28, 2009, upon the result of a lottery, the Plaintiff decided as a priority holder, and paid the remainder of KRW 450 million to the Defendant on May 28, 2009.

[Ground of recognition] The plaintiff's ground of appeal is that there is no dispute, Gap's evidence No. 9, and the purport of the whole argument, and the plaintiff's ground of appeal is "the contract of this case with the defendant" after paying the defendant the amount of KRW 460 million to the defendant as above.

AB concluded the agreement.

However, at the time of entering into the instant contract with the Plaintiff, the Defendant did not explain or notify the Plaintiff that the provisions on the rights and obligations of the parties are of the nature as terms and conditions, and that the provisions on the period of deferment of membership fees fall under the important matters of the instant contract, but did not explain or notify the Plaintiff

Therefore, the defendant cannot assert the content of the above terms and conditions as the content of the contract, and even if not, it can be viewed that there is an error in the important part of the contents of the legal act, so the plaintiff can cancel the contract of this

In addition, the Defendant agreed to ensure four times a week, eight times a week, and eight times a week at the time of the conclusion of the instant contract, but violated this agreement, and as a result, the Plaintiff may terminate the instant contract by issuing a bearer membership right and bringing about a decline in the value of membership after the conclusion of the instant contract.

Therefore, the defendant's admission fee of KRW 460 million and damages for delay shall be paid to the plaintiff.

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