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(영문) 수원지방법원성남지원 2017.09.19 2017가합402795
입회금반환청구
Text

1. The defendant shall pay to the plaintiff A and B KRW 135,00,000 for each of the above amounts and shall be from February 23, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 23, 2002, Plaintiff A acquired membership fee of KRW 135 million in the Gangnam 300,000, which was operated by the Defendant (hereinafter “instant golf clubs”), and Plaintiff B acquired the same membership on March 10, 2009.

B. Article 10 (Entry Fees) of the golf club of this case provides that "the membership fees shall be paid without interest for five years as a membership security deposit to the company, and where a request for withdrawal from the company is made thereafter, only the principal already paid shall be refunded through prescribed procedures." Article 16 (Withdrawal of Membership) provides that "a member may withdraw from the company upon the lapse of five years from the date of issuance of a membership certificate." Article 18 (Renewal of Membership Registration) provides that "1. A member shall renew the membership registration for the company 30 days before the due date after the expiration of five years from the date of issuance of the membership certificate." 2. 3. A member registration shall be deemed to have been renewed upon the expiration of the due date.

C. On December 22, 2016, Plaintiff A filed a motion to withdraw from the Defendant and filed a motion to return the membership fee, and Plaintiff B filed a motion to withdraw and claim the refund of the membership fee with the Defendant upon the request for the instant payment order.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition as to Plaintiff A’s claim, since the golf club membership agreement between Plaintiff A and the Defendant was terminated by Plaintiff A’s expression of intent on December 22, 2016, which was five years from February 28, 2002, pursuant to the above rules of the association, on December 22, 2016, the golf club membership agreement between Plaintiff A and the Defendant was terminated, the Defendant is 15% per annum, which is the day following the date on which the Plaintiff’s delivery of a copy of the application for the instant payment order, which was sought by the Plaintiff, from February 23, 2017 to the day of full payment.

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