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(영문) 의정부지방법원고양지원 2015.05.20 2014가합8318
입회금반환
Text

1. The Defendant’s KRW 120,000,000 as well as the Plaintiff’s annual interest from November 20, 2014 to May 20, 2015, and the following.

Reasons

1. Facts of recognition;

A. The Defendant is a company that operates a glex-ju golf course and its ancillary facilities (hereinafter “instant golf course”) located in the peace-ro 1241 in Seocho-si, Seopo-si.

B. Around August 2012, the Plaintiff acquired membership rights (the membership number: B; hereinafter “instant membership rights”) of the instant golf course for which a membership fee of KRW 120 million (hereinafter “instant membership fee”) was paid from the Do Shipping Co., Ltd. to the Defendant, and the maturity date of the instant membership rights is August 19, 2014.

C. On July 1, 2014, the Plaintiff sent to the Defendant a content-certified mail claiming the return of the instant membership fee, and the said content-certified mail sent to the Defendant on July 3, 2014.

Meanwhile, Article 6 of the golf club Rules of the instant golf club (hereinafter “Rules”) provides that “(i) membership fees shall be refunded upon the request of the relevant company at the time of withdrawal (return of membership rights) after a member’s membership security deposit with no interest for five years. The company shall refund only the principal of the membership fees within three months after the member’s written request for return at the time of withdrawal.” (ii) In the event of a natural disaster, a serious change in the social economy, or a force majeure event, the return of membership fees may be postponed by a resolution of the board of directors until a change or force majeure event is terminated.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. On August 2012, the Plaintiff acquired the instant membership membership from the Do Shipping Co., Ltd., and claimed the Defendant to return the instant membership fee in writing on July 3, 2014. The golf club rules of the instant golf club provide that the Plaintiff shall return the membership fee within three months if the Plaintiff’s withdrawal request is made within five years with respect to the membership fee. The fact that the golf club rules of the instant golf club provides that the membership fee shall be returned within three months if the Plaintiff’s withdrawal request is made.

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