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(영문) 인천지방법원 2015.07.17 2015가단219428
입회금 반환 청구의 소
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 70,000,000 and the interest rate thereon from May 23, 2015 to the date of full payment.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 2, 3-1, 2, and 4:

Dong-dong Co., Ltd. operated a mona club (hereinafter referred to as “instant golf club”) located in 58-1, Seocheon-si, Seocheon-si, Young-do.

B. Around December 28, 2005, the Plaintiff purchased membership of the instant golf course that constitutes KRW 70,000,000, and subscribed as a regular member of the instant golf course.

C. The Defendants, around September 201, acquired the instant golf course business from Dong-dong Co., Ltd., and completed the registration of modification of the sports facility business on the ground of the change of the owner of the instant golf course on December 28, 201.

On the other hand, according to the rules of the golf course of this case, the admission fee shall be returned at the request of the member after the lapse of five years from the admission.

E. On May 22, 2015, a copy of the instant complaint stating that the Plaintiff withdraws from the golf club member and returned the membership fee was served on the Defendants.

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 70 million and damages for delay at the rate of 20% per annum from May 23, 2015 to the date of full payment, which is the day following the delivery of a copy of the instant complaint, to the Plaintiff.

3. As such, the plaintiff's claim is reasonable, and thus, the judgment in favor of the plaintiff is pronounced.

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