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1. The Defendant shall pay to the Plaintiff KRW 290,00,000 and the interest rate of KRW 15% per annum from March 11, 2016 to the date of full payment.
Reasons
1. Basic facts
A. A. Around September 13, 2004, the Plaintiff entered into a contract with the Defendant to join the golf club operated by the Defendant as a regular member (T.P.C.) (hereinafter “instant contract”). Around September 13, 2004, the Plaintiff paid KRW 290,000,000 to the Defendant as a membership fee (hereinafter “instant membership fee”).
B. Article 12 Subparag. 1 of the Defendant’s Yang P.C. Golf Clubs Rule (hereinafter “Rules of the instant Association”) provides that “The membership fees of regular members and overseas members shall be paid with the membership deposit for five years, and the principal of the originally paid membership fees shall be refunded if the Defendant was absent or expelled from the membership.” Article 18 Subparag. 2 and 3 provides that “A member shall not demand a withdrawal from the membership without the Defendant’s approval for five years from the date of the entry without the Defendant’s approval. The Defendant shall refund the membership fees after the approval of the withdrawal.”
C. Around October 26, 2011, the Plaintiff filed an application with the Defendant for the return of the membership fee.
[Ground of recognition] Facts without dispute, entry of Gap1 to 6 evidence, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Plaintiff requested the Defendant to return the membership fee at around October 26, 201, which was five years after the date of the Plaintiff’s entry, and made an expression of intent to withdraw from the meeting. As such, pursuant to Articles 12 and 18 of the instant Rules, the Defendant is obligated to pay to the Plaintiff the amount of KRW 290,000,000 and the damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from March 11, 2016 to the date of full payment.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.