(영문) 서울중앙지방법원 2016.07.15 2015가단5357379

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(영문) 서울중앙지방법원 2016.07.15 2015가단5357379

입회보증금

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1. The Defendant’s KRW 150,000,000 as well as 5% per annum from October 21, 2015 to November 17, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff purchased membership rights (member numbers: F21-12-0490; hereinafter “instant membership rights”) (hereinafter “instant golf course”) in the trading market and became a member upon confirmation by the Defendant on September 23, 2009.

The first member of the membership fee of this case paid to the defendant is KRW 150,000.

Article 10 (Entry Fees)

1. A membership fee shall be collected in a company with a membership bond for five years, and when a member requests a withdrawal from the company, only the principal shall be returned after going through the prescribed procedure, and shall be extended on the same condition as the withdrawal request does not exist;

Article 15 (Transfer of Membership)

1. The qualifications and rights of regular members may be transferred with the approval of the company in accordance with the procedures determined by the company, and the transferee shall newly acquire the qualifications and rights of members from the date of issuance of membership cards;

2. The transfer of membership rights or change of ownership shall pay the opening fees determined by the company in accordance with the prescribed procedures;

Article 16 (Desertion)

1. The member shall submit in writing his/her intention to withdraw from the membership one month before the lapse of five years from the date of issuance of the membership and shall extend the application under the same conditions as the applicant does not intend to withdraw from the membership;

B. The details of the instant golf course’s return of membership fees, transfer of membership fees, and withdrawal of membership are as follows. Accordingly, the Defendant requested the Defendant to return the membership fees on August 4, 2014, which was one month before the date five years elapsed from the date of initial membership.

However, the defendant did not comply with this and requested a grace period for only one year, and the plaintiff accepted it.

However, the defendant does not pay it to the plaintiff even after the grace period expires.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 2, Gap evidence 2-8, the purport of the whole pleadings

2. The cause of the action.

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