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1. The defendant shall pay 180,000,000 won to the plaintiff and 20% per annum from July 6, 2012 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. On November 16, 2001, the Plaintiff entered the golf club operated by the Defendant as a regular member, and paid KRW 180,000,000 to the Defendant for membership deposit. The said golf club rules (hereinafter “instant rules”).
Article 12 (Entry Fees) (1) In the case of a regular member, the part related to the instant case shall be as follows: (i) the membership deposit shall be paid free of charge to the company for five years from the date of full payment of the deposit, and the principal shall be refunded only once. However, in the case of a natural disaster or other force majeure event, such as a natural disaster, etc., the company may suspend its return for a certain period of time pursuant to a resolution of the board of directors. (ii) If the company wishes to retire, it shall submit a prescribed application and obtain the approval of the company. (iii) The company may choose not to grant its approval for five years after the withdrawal. (ii) The Plaintiff filed an application with the Defendant for membership on February 20, 2012, but the Defendant did not accept the said application.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 4, the purport of the whole pleadings
B. According to the above facts of recognition, around February 20, 2012, after five years from the date of the Plaintiff’s admission, the Plaintiff’s withdrawal from the golf club occurred due to the Plaintiff’s declaration of intent of withdrawal to the Defendant. Thus, the Defendant is obliged to pay the Plaintiff the amount of KRW 180,000,000 and the damages for delay pursuant to the instant rules, barring special circumstances.
2. Judgment on the defendant's assertion
A. The defendant's assertion that the approval of the withdrawal of the defendant is necessary is not returned when a member requests a withdrawal from the meeting, but is returned when the defendant approved the withdrawal pursuant to Article 20 (3) of the Rules of this case, so the defendant returned the membership fee to the plaintiff.