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(영문) 서울중앙지방법원 2015.07.10 2015나3395
입회금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The E Co., Ltd. (hereinafter “E”) developed a F golf club (hereinafter “instant golf club”) in the Gancheon-gun and the Hongcheon-gun, Hongcheon-gun, the Plaintiff, an executive officer or employee of the non-party company, paid to the non-party company each of the following money (hereinafter “each of the instant money”) and drafted the instant golf club membership agreement.

On September 1, 2010, the amount paid on the date of preparation of a membership agreement (won) No. 1 A 30,000,000 B B B B on September 6, 2010, "30,000 C on December 1, 2010 C C on December 1, 2010, " 20,000,000 on December 1, 201, 200 DD 20,000 on December 1, 2010

B. Since then, when the non-party company was unable to open a golf course without completing the development of the instant golf course, Plaintiff A filed an application for withdrawal with the non-party company on February 2, 2012; Plaintiff C filed an application for withdrawal on December 1, 201, Plaintiff B, and D on December 2, 201.

C. On November 8, 2012, the Plaintiffs filed an application for a payment order with Nonparty Company (Seoul Southern District Court 2012 tea19535) seeking the payment of loans on the ground that “the instant money was leased to Nonparty Company and received a membership agreement and a certificate of deposit in the instant golf club as collateral therefor.” The instant payment order application case was conducted as a loan loan lawsuit between Plaintiff A and Nonparty Company only between Plaintiff A and Nonparty Company on the ground of the Nonparty Company’s objection and the withdrawal of Plaintiff B, D, and C’s application.

In the above case, the non-party company argued the nature of each of the instant funds as membership fees or investments, and on April 18, 2013, the above court rendered a judgment to the effect that “the instant funds are loans, and the non-party company would pay the Plaintiff KRW 30,000,000 and delay damages therefor,” which became final and conclusive on May 11, 2013.

(hereinafter referred to as “previous Judgment”). D.

On the other hand, the plaintiff B, D, and C are again the Chuncheon District Court on December 5, 2012.

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