logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.06.03 2015가단121225
입회금반환 청구의 소
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 70,000,000 and the interest rate thereon from November 12, 2015 to the date of full payment.

Reasons

1. The following facts do not conflict between the Parties:

In around 2007, the Plaintiff purchased a membership fee of KRW 70 million for a golf club (hereinafter referred to as “instant golf club”) that was created by Dong-dong Co., Ltd. (hereinafter referred to as “Dong-dong”) at the 558-1 Japanese unit in Yongcheon-si, Young-si, Youngcheon-si (hereinafter referred to as “Dong-dong”) and became a regular member of the instant golf club.

B. On May 23, 2007, Dong-dong entered into a membership-based golf club business pursuant to the Installation and Utilization of Sports Facilities Act with the jurisdiction of Seocheon City Mayor on May 23, 2007, and the Plaintiff’s membership purchased pursuant to the provisions of Dong-dong may claim the return of the membership fee upon the lapse of eight years from the date on which the above registration was completed.

C. The Defendants sold the instant golf course site around September 201 and acquired the golf course business from the same rain, and subsequently registered the change of the sports facility business on the ground of the change of the owner of the instant golf course around December 28 of the same year.

The Plaintiff, as a delivery of a duplicate of the instant complaint, declared the Defendants to withdraw from the golf course member, and sought the return of the membership fee.

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 70 million and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 12, 2015 to the date of full payment, which is the day following the delivery of a copy of the complaint in this case to the Defendants.

B. The Defendants asserted as to the Defendants’ assertion that the Plaintiff claimed for the return of the membership fee, and thus, the Plaintiff’s claim for damages for delay is unjustifiable. However, there is no proof as to the fact that the Plaintiff received benefits as a member of the instant golf course after the date the duplicate of the instant complaint was served on the Defendants. Furthermore, the Plaintiff, as alleged by the Defendants, may be argued by the Defendants.

arrow