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(영문) 수원지방법원 2017.08.29 2017가합13024
입회금반환
Text

1. The Defendant’s KRW 250,000,000 as well as 6% per annum from November 17, 2016 to March 23, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around November 2009, the Plaintiff entered into a membership agreement with the Defendant for a membership period of seven years from November 16, 2009 (hereinafter “instant membership agreement”) with respect to the membership golf course operated by the Defendant (hereinafter “instant membership agreement”). On November 16, 2009, the Plaintiff paid 250 million won to the Defendant in full.

B. On September 2, 2016, the Plaintiff filed an application for withdrawal with the Defendant, and sent a mail requesting the return of KRW 250 million for membership fees to the Defendant, and the said mail was in the same year.

5. The defendant has reached.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 5, purport of whole pleadings

2. According to the above facts of recognition, the instant membership agreement concluded between the Plaintiff and the Defendant was terminated on November 15, 2016, and thus, the Defendant is obligated to pay the Plaintiff the amount equivalent to the membership fee and the damages for delay.

Therefore, the Defendant shall pay to the Plaintiff the amount of KRW 250 million and the amount calculated at the rate of 6% per annum as stipulated in the Commercial Act from November 17, 2016 to March 23, 2017, which is the delivery date of a copy of the instant complaint, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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