(영문) 대구지방법원 2016.08.25 2016가합923

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(영문) 대구지방법원 2016.08.25 2016가합923

입회금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 250,00,000 and the interest rate of KRW 15% per annum from May 19, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On September 1, 2007, the Plaintiff entered into a membership agreement (hereinafter “instant membership agreement”) with the Defendant on an individual membership agreement with respect to the golf club located in Pyeongtaek-dong 542-16 (hereinafter “instant golf club”). On October 8, 2007, the Plaintiff paid KRW 245 million out of the agreed membership fee of KRW 250 million to the Defendant on October 8, 2007, and paid KRW 5 million to the Defendant on October 8, 2015.

B. The main contents of the membership agreement prepared at the time of the instant membership agreement and the Defendant’s bylaws and terms and conditions of use (hereinafter “Rules”) are as follows.

[Agreement on Joining into Membership] Article 2

1. As a membership bond, the plaintiff shall deposit the membership fee to the defendant.

Article 6 Other Matters

1. Matters not specified in this Agreement shall be governed by the terms and conditions of use and the provisions of the defendant, and in other cases, determined by the agreement of the plaintiff and the defendant, but not determined by general practices.

[Rules and Terms and Conditions of Use] Article 5 Qualification for Members

1. Regular Members: A regular member shall agree to comply with the rules and terms and conditions of use determined by the company and shall be bound to attend the company in accordance with the prescribed form and shall be selected as a full-time member or full-time member of the company, who shall obtain approval from the company and shall be selected as a full-time member or full-time member of the company, and the full-time member shall be two designated users per one unit and shall also be allowed to use a half-gu account depending on the circumstances of the company

Article 7 Application for Attending

1.The person who wishes to be a member of the club shall submit an application for a prescribed admission and pay the membership fee.

Article 8 Return of Enrollments

1. Membership fees shall be deposited as membership deposits without interest in the company, and when a request for withdrawal is made, only the principal shall be refunded in accordance with the prescribed agreement determined by the company;

(B)

2. The refund of a membership fee shall be made within three months after written request for the return.

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