(영문) 대구지방법원 2016.09.23 2016가합916

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(영문) 대구지방법원 2016.09.23 2016가합916

입회금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 250,00,000 and the interest rate of KRW 15% per annum from May 19, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 28, 2007, the Plaintiff entered into an individual membership agreement with the Defendant on “the instant golf club located in Pyeongtaek-dong 542-16, Busan-do, Busan-si, and then paid KRW 2.45 million out of the agreed membership fee of KRW 250 million to the Defendant on the same day. On May 7, 2015, the Plaintiff paid KRW 5 million to the Defendant.

B. The provisions pertaining to admission, withdrawal, and the return of admission fees under the rules of the instant golf course and the terms and conditions of use (No. 4) are as follows.

Article 6 of the Regulations and the Terms and Conditions for Use shall not exceed 500 regular members recruitments of the club.

Article 7 Application for Attending

1.The person who wishes to be a member of the club shall submit the prescribed application form for membership and pay the membership fee.

2. In filing an application for membership as a corporation, users shall be nominated as determined by the company; and

Article 8 Return of Enrollments

1. Membership fees shall be deposited as membership deposits without interest in the company, and when a request for withdrawal is made, only the principal shall be refunded in accordance with the prescribed agreement determined by the company;

(hereinafter omitted)

2. The refund of a membership fee shall be made within three months after written request for the return.

Article 9 Approval for Participation

1. A person who wishes to be a member shall apply for a membership in the prescribed procedure, and the Council shall consider and determine whether to approve the membership within the agreed number.

2. When a company approves a membership, it shall enter matters concerning the full payment of the agreed membership fees on the membership roll and issue the membership cards after the seal of approval prescribed by Acts;

3. No membership shall be granted to a person who has obtained the approval for membership, if the person fails to fully pay the agreed amount.

Article 10 Members using facilities and membership fees may use the facilities designated by the company.

When using a facility, a fee determined by the company shall be paid.

§ 12. Loss of qualification.

유사 판례

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