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(영문) 수원지방법원안양지원 2015.12.17 2015가단107739
기타(금전)
Text

1. The Defendant’s KRW 120,000,000 as well as 5% per annum from May 28, 2015 to June 17, 2015 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 4, the plaintiff entered into a membership agreement with the defendant on May 28, 2010 on the following: (a) "The plaintiff paid a membership fee of KRW 120 million to the Lopool Convention on the Management of the defendant, and uses the above golf club as a member of the above golf club; (b) the membership fee shall be deposited in the company for five years; and (c) the return of the principal at the time of request for the return of the principal paid to the member after the request for the return of the principal paid; (b) the plaintiff paid all the membership fee of KRW 120 million to the defendant; and (c) the plaintiff requested the return of the membership fee to the defendant on April 6, 2015 and April 16, 2015.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 120 million paid to the Plaintiff, and the damages for delay calculated at the rate of 5% per annum under the Civil Act from May 28, 2015, which is the expiration date of the deposit period, to June 17, 2015, which is the delivery date of the original copy of the instant payment order, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. As to the Defendant’s assertion, the Defendant should be presumed to open a golf club in order to use the golf club. Since the opening of the instant golf club on September 23, 201, the said term of membership agreement should be calculated from September 23, 2011, and accordingly, the period of the said membership agreement should be calculated from September 23, 201, and the Plaintiff’s claim for the refund of the Plaintiff’s membership fee was not yet arrived. However, as acknowledged earlier, as acknowledged earlier, since the Plaintiff and the Defendant concluded a membership agreement on May 28, 2010, set the deposit period at five years, the said deposit period should be calculated from the date of the said agreement, and there is no basis for counting the deposit period from the opening date of the golf club,

3. If so, the plaintiff's claim of this case is reasonable.

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