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(영문) 서울중앙지방법원 2015.12.10 2014가단5204980
보증금등반환
Text

1. The Defendant: 10,524,720 won to Plaintiff A; 7,364,720 won to Plaintiff B; and 10,194,760 won to Plaintiff C; and each of them.

Reasons

1. In fact, the defendant is a company that receives a security deposit and membership fee by inviting golf members, and provides golf members with services for using the golf course with which the defendant entered into an association or purchased membership.

The Plaintiffs entered into a golf membership use agreement with the Defendant (hereinafter “instant agreement”) and paid the following subscription fees to the Defendant as follows:

A The main contents of the defendant's terms and conditions and the user management regulations applicable to the contract of this case are as follows.

Article 3 (Definitions)

4. Services, etc.: Brokerage of services, such as reservation, for facilities for use provided to subscribers.

5. Guarantee money: It shall be operated through a non-life insurer, financial institution, etc. as determined by the Republic of Korea at the maturity of its members.

6. Membership fees: It shall not be refunded after a golf service contract has been concluded with the expenses for the smooth operation of new golf memberships and the overall operation and management that is paid to suppliers in order to provide more efficient services;

Article 7 (Arrears and Withdrawal)

2. The contract cannot be cancelled in principle after the balance is paid in full.

Provided, That the remaining amount shall be refunded after deducting the penalty of 10% based on the total amount, service user fees, and the service completion fees according to the transitional period for which the service is provided, in case of an application for middle-term termination due to unavoidable circumstances

3. "Inevitable circumstances" in paragraph 2 is limited to death, emigration, etc. of a member.

Article 4 (Use and Management Regulations for Facilities)

1.One member, or family member, preferential member, associate member, or general treatment shall be used five times a month for a golf course to be secured by a supplier to a person recognized by the supplier.

Article 7 (Details of Deposits)

1. The deposit shall be refunded only to the principal with no interest accrued at the time of request for return after maturity (five years);

Plaintiff

A From December 7, 2011 to April 18, 2014, and Plaintiff B from June 24, 2010 to March 18, 2014.

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