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(영문) 서울동부지방법원 2017.09.14 2017가합146
입회금반환
Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 15% per annum from February 1, 2017 to the day of complete payment.

Reasons

Facts of recognition

The Defendant is a company that operates a golf course under the name of “gymar-fast Lone Star (hereinafter “instant golf course”).

The Plaintiff entered into a membership agreement with the Defendant on January 11, 201 with regard to the instant golf course as KRW 150 million per unit of admission fee, KRW 20 million per unit of the subject-matter corporate membership right, and paid only KRW 150 million to the Defendant on January 11, 201, and paid only KRW 31-12-0407 on January 11, 201, one share of the above corporate membership right, which is one of the above corporate membership rights.

50.10.10.1500 million won paid only and acquired each share of the above corporate membership number F31-12-0405, respectively.

(2) On November 30, 2016, the Plaintiff prepared an application for withdrawal of the instant membership and sent it to the Defendant on the following grounds: (a) each of the instant membership rights is referred to as “instant membership”; and (b) the said application for withdrawal reached the Defendant on December 1, 2016.

The main contents of the instant golf course usage agreement, which form the above membership agreement, are as follows.

Article 4 (Categories and Qualifications of Members)

3. The term of membership (hereinafter referred to as “member qualification”) shall be five years from the time of acquisition of the member qualification.

Provided, That when five years have elapsed, if there is no explicit request for withdrawal from a member, the session shall be automatically extended, and when there is a request for withdrawal from a member during the extended session, the session shall be terminated immediately.

Article 5 (Regular Members)

1. A regular member shall be an individual or a juristic person member, who has paid in full the amount of membership with the approval of the incorporation of the company in accordance with prescribed procedures set by the board of directors;

Article 11 (Entry Fees)

1. A membership fee shall be paid to the company as a membership bond of a regular member at the time of his/her membership, and the company shall return it at the time of his/her withdrawal;

2. The Company shall refund the membership fee within one month from the date of request for return.

Article 13 (Desertion)

1. A member may withdraw when five years have elapsed from the date of his/her admission;

(b) 2. Members shall not later than one month’s withdrawal.

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