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(영문) 대구지방법원 2016.07.14 2016가합1223
입회금 반환
Text

1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from June 1, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. On October 1, 2007, the Plaintiff entered into an individual membership agreement (hereinafter “instant membership agreement”) with the Defendant as to “the Plaintiff’s golf club located in Pyeongtaek-dong 55-2, Gyeonggi-do, Busan-do (hereinafter “instant golf club”) and paid KRW 230,000,000 to the Defendant.

B. At the time of the instant membership agreement, the Defendant agreed to return the Plaintiff’s membership fee upon the Plaintiff’s request after five years from the date of payment of the membership fee.

C. Article 8 of the rules of the instant golf course provides that “The membership fee shall be deposited as a membership bond with no interest, and shall be refunded only to the principal in accordance with the agreement determined by the company upon request of the withdrawal. The refund of the membership fee shall be returned within three months after written request for the return.”

On December 10, 2015, the Plaintiff requested the Defendant to return KRW 230,000,000 paid by the Plaintiff upon the Plaintiff’s written request for the withdrawal of the instant golf course pursuant to Article 8 of the said Rules.

E. On April 8, 2016, while the lawsuit of this case was pending, the Plaintiff and the Defendant agreed to pay to the Plaintiff KRW 30,000,000,000 each by April 29, 2016, and by May 31, 2016, respectively, the amount of KRW 20,000,000 to the Plaintiff.

F. The Defendant paid KRW 30,000,000 to the Plaintiff on April 29, 2016 in accordance with the agreement on April 8, 2016, but did not pay the remainder of KRW 200,000,000.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5, and 10, and the purport of whole pleading

2. According to the above facts finding as to the cause of the claim, the Defendant shall pay to the Plaintiff KRW 200,000,000 (=230,000,000-30,000) unpaid under the agreement made on April 8, 2016, and as to this, 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 1, 2016 to the date of full payment, which is the date following the date of application for the instant payment order.

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