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(영문) 수원지방법원 2018.02.13 2017가단25440
보증금반환
Text

1. The Defendant’s KRW 54,00,000 as well as the Plaintiff’s annual rate from July 17, 2017 to February 13, 2018, and the following.

Reasons

1. Facts of recognition;

A. On July 16, 2007, the Plaintiff entered into a membership agreement with the Defendant (hereinafter “instant golf course”) with the content that the Plaintiff is present as a member in the rash golf set of the Plaintiff’s golf club (hereinafter “instant golf course”), and paid KRW 54 million on the same day.

B. The instant contract provides for the acquisition and holding period of membership and the return of membership fees as follows:

Article 4 (Acquisition and Retention Period of Membership) (1) The plaintiff shall acquire membership from the date of full payment of the membership fees prescribed in Article 2.

(2) The period of qualification for the plaintiff shall be ten years from the date of acquisition of qualification under paragraph (1).

Provided, That the expiration date of the membership period of a person who has succeeded to membership is the same as the expiration date of the first policyholder.

Article 5 (Return of Membership Fees) In principle, the plaintiff may not claim the return of the membership fees to the defendant before the expiration date of the membership period.

When the plaintiff's claim for refund is filed after the expiration of the above period, the defendant shall return the principal of the membership fee, and the plaintiff shall lose the qualification at the same time as the membership fee is returned.

C. On March 6, 2017, the Plaintiff filed an application with the Defendant for a refund of KRW 54 million upon the expiration of the membership period stipulated in the instant contract.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. According to the above facts of determination, the qualification period for the Plaintiff’s instant golf course expired on July 16, 2017.

Therefore, the defendant's action is promoted from July 17, 2017, the day after the expiration date of the membership term to the plaintiff, which is 54 million won as the refund of the principal amount of the membership fee, to the day after February 13, 2018, which is deemed reasonable for the defendant to dispute as to the existence of the obligation or the scope of the obligation.

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