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(영문) 인천지방법원 2015.12.18 2015가합56075
입회금반환
Text

1. The Defendant: 5% per annum from May 28, 2015 to August 6, 2015, and from August 7, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 25, 2010, the Plaintiff entered into a contract with the Defendant, under which the Plaintiff would pay a membership fee to the Defendant, and acquire the right to use the facilities of the instant golf and resort (hereinafter “instant club”) operated by the Defendant (hereinafter “instant contract”).

On the same day, the Plaintiff paid 250,000,000 won to the Defendant, and received membership cards from the Defendant.

B. The terms and conditions of the instant club are as follows.

Article 7 (Period of Possession of Membership and Membership) (1) Any person who desires to be admitted to a club shall obtain the approval of the defendant in accordance with the prescribed procedures, pay a membership fee to the defendant, receive the membership card.

(2) The period of membership qualification shall be five years from the date of acquisition of qualification.

(3) A defendant or member may file an application for withdrawal from one another by no later than 30 days before the expiration date of the qualification period.

(4) Where the defendant or member fails to raise an objection in writing by 30 days before the expiration date of the qualification period, this contract shall be deemed extended under the same conditions.

Article 8 (Entry Fees) (1) A membership fee shall be deposited with a security deposit acquired by a membership without interest in the company for five years from the date of issuance of the membership card, and the membership fee shall be refunded only in the principal of the membership fee at the time

Provided, That where a force majeure event, such as a natural disaster, occurs, the return of the membership fee may be postponed by a resolution of the board of directors until the force majeure event terminates.

Article 15 (Dismissal) (1) A member may not withdraw without the approval of the defendant, unless five years have passed from the date of his/her admission.

(2) Where a member intends to withdraw a club, he/she shall notify the defendant in writing not later than one month prior to the withdrawal, and shall submit the prescribed application and membership card.

(3) A company shall, upon receiving a written request for return at the time of a member's withdrawal, refund only the principal of the membership fee.

(c).

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