(영문) 제주지방법원 2016.09.02 2015가단56429

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 제주지방법원 2016.09.02 2015가단56429

보증금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. On June 9, 2003, the Plaintiff entered into a membership agreement (hereinafter “instant agreement”) with the Defendant, 40,239,000 won for the membership security deposit, and the period of membership security deposit (10 years from the date of the acquisition of membership (the date of the full payment of the subscription security deposit) with the Defendant, which is one of the members of the shower Litius operated by the Defendant (hereinafter “this case”). Of the above contract’s benefits, one of the members of the above agreement provides guidance, “C.C. 50%, 30%, and 30%,” etc.

B. The Plaintiff paid KRW 32,191,200 to the Defendant as a security deposit, in total, KRW 32,191,200,00,000, respectively, on June 9, 2003, July 9, 2003, August 11, 2003, and September 15, 2003.

[Grounds for recognition] The plaintiff asserted the purport of Gap's evidence Nos. 4 through 6, Eul's evidence Nos. 1 through 3, and the purport of the whole pleadings as to the plaintiff's assertion by the plaintiff was paid KRW 32,191,200 as a security deposit under the contract of this case and the defendant did not provide a shower C.C (hereinafter "the plaintiff), one of the members' benefits until September 2008 after five years from the above contract date. The plaintiff did not use the Ri of this case, and thereby lost the trust of the defendant. The defendant is obligated to return 32,191,200 won as security deposit paid by the plaintiff on the ground of the expiration of ten years of the qualification period due to restoration to original state.

Furthermore, the major members’ benefits of the instant contract are related to the use of the instant golf course, which is an ancillary facility to the instant resort, and the Defendant failed to perform its obligations by completing 90,000,000 square meters of the instant golf course until September 208. As such, the instant contract is terminated by the delivery of a preparatory document dated June 9, 2016, stating the Plaintiff’s declaration of termination of the instant contract, and thus, the Defendant is obligated to return KRW 32,191,200, the deposit paid to the Plaintiff.

Judgment

(a) seek the return of the security deposit on the premise that the person is qualified first.

유사 판례

-춘천지방법원 2016.11.04 2016나51570

-춘천지방법원원주지원 2019.08.29 2018가단4450

-광주지방법원 2015.09.09 2015가단20556

-서울중앙지방법원 2015.04.14 2014가단5347009

-제주지방법원 2016.12.09 2016가단56167