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1. The Defendant’s KRW 5,503,547 as well as the Plaintiff’s annual rate of KRW 6% from July 9, 2015 to February 3, 2016, and the following.
Reasons
Basic Facts
The Defendant is a company that operates a golf club and ancillary facilities Seoul (hereinafter referred to as “instant golf club”) located in 90-2 in Gyeonggi-do, Pyeong-do, Pyeong-si, Pyeong-do.
On July 31, 2009, the Plaintiff acquired membership (number of members: KRW C, KRW 180,000,000) of the instant golf course from B, and paid KRW 30 million to the Defendant after completing the transfer process on August 3, 2009. The Defendant agreed to return the said loan together at the time of returning the membership fee.
The relevant provisions of the golf club rules of the instant golf club are as follows.
Article 11 Enrollments
1. A membership fee shall be collected without interest for ten years from the company and the principal shall be refunded at the time of withdrawal from the company;
(hereinafter omitted) (Provided, That the transfer or acquisition of membership shall be five years for persons who participated in the sale before 2008)
1. Matters relating to the transfer and acquisition of membership rights shall follow the procedures determined by the company;
A company may refuse the transfer of a position, if the transferee meets the requirements for refusal of attendance prescribed in Article 10.
Article 15 Loss of Eligibility
2. Where a member has resigned from a club, Article 17;
1. The withdrawal shall follow the prescribed application and membership cards submitted by the company and the examination procedure as determined by the company; and
(hereinafter) On the other hand, the Plaintiff’s membership purchased was paid KRW 180,000,00 as a membership fee to the Defendant around 1999.
【In light of the above-mentioned facts, the Plaintiff’s membership was sold in lots before 2008, and five years have elapsed since the Plaintiff’s membership was served as a copy of the instant golf club after five years have elapsed since the Plaintiff’s membership period was served as a copy of the instant complaint, and demanded the Defendant to return the money and the loan. As such, the Defendant’s membership fee and loan totaled KRW 210,000,000 and its duplicate.