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(영문) 서울중앙지방법원 2015.01.09 2014가합49482
입회금반환
Text

1. The defendant shall pay 360,000,000 won to the plaintiff and 20% per annum from July 31, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 21, 2002, the Komato Savings Bank Co., Ltd. (hereinafter “tomato Savings Bank”) acquired membership rights for 360,000,000, from the Hannam 300,000, which were operated by the Defendant (hereinafter “the instant golf club”) and applied for membership in the said golf club. On October 31, 2002, it received membership certificates from the Defendant on October 31, 2002.

B. Article 10 (Entry Fees) of the golf club of this case provides that "the membership fees shall be paid without interest for five years as a membership security deposit to the company, and where a request for withdrawal from the company is made thereafter, only the principal already paid shall be refunded through prescribed procedures." Article 16 (Withdrawal of Membership) provides that "a member may withdraw from the company upon the lapse of five years from the date of issuance of a membership certificate." Article 18 (Renewal of Membership Registration) provides that "1. A member shall renew the membership registration for the company 30 days before the due date after the expiration of five years from the date of issuance of the membership certificate." 2. 3. A member registration shall be deemed to have been renewed upon the expiration of the due date.

C. On August 31, 2012, the Komato Savings Bank was declared bankrupt by Suwon District Court 2012Hahap23, and on the same day, the Plaintiff was appointed as a trustee in bankruptcy.

On August 9, 2013 and May 19, 2014, the Plaintiff filed an application with the Defendant for the return of the instant golf club and membership fees with the Defendant, but the Defendant did not return the membership fees up to the date.

[Identification Evidence] Facts without dispute, entry of Gap 1 through 4, purport of whole pleading

2. According to the above facts of recognition, the instant golf club membership agreement between the Komato Savings Bank and the Defendant was concluded upon the Plaintiff, who was the trustee in bankruptcy of the Komato Savings Bank, on August 9, 2013, five years after October 31, 2002.

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