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(영문) 서울중앙지방법원 2015.11.06 2015가단5098892
입회금반환
Text

1. The defendant shall pay 120,000,000 won to the plaintiff and 5% per annum from May 8, 2015 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Defendant’s “D” in Chungcheong City C (hereinafter “instant golf clubs”).

(2) On April 29, 2010, the Plaintiff applied for membership in the instant golf club to the Defendant. On May 4, 2010, the Plaintiff deposited each of the remainder KRW 110 million on May 7, 2010, with the bank account of the Defendant Company, and deposited each of the remainder KRW 120 million on May 7, 2010, with a total of KRW 120 million.

3) On May 7, 2010, the Defendant issued a membership card to the Plaintiff that the Plaintiff is a regular member of the instant golf club. 4) According to the instant golf club agreement prepared and issued by the Defendant to the Plaintiff on May 7, 2010 (hereinafter “instant agreement”), the Defendant stated that the principal shall be returned at the time of requesting the return of the paid principal after five years.

5) Upon the service of the duplicate of the instant complaint, the Plaintiff expressed his/her intent to the Defendant to return the membership fee to the instant golf club, and the duplicate of the instant complaint reached the Defendant on May 4, 2015. [Grounds for recognition] There is no dispute, and Party A’s evidence Nos. 1 through 8 (each entry, including number, and the purport of the entire pleadings).

B. According to the above facts of recognition, the Plaintiff may seek the return of the membership fee following the withdrawal from the golf club of this case.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 120,000,000 and damages for delay at the rate of 5% per annum under the Civil Act from May 8, 2015 to the date of full payment, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. As to the assertion that five years have not elapsed since the opening date of the golf club, the Plaintiff’s assertion that the Plaintiff was practically qualified as a member is the opening date of the instant golf club, and the time when the membership fee was returned should be counted from the opening date of the golf club.

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