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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay 12,755,000 won to the plaintiff and its related expenses on June 2017.
Reasons
1. The facts below the underlying facts do not conflict between the parties, or are acknowledged as being based upon the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 6 (including various numbers, hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and Eul evidence Nos. 4 to 12.
[1] On June 19, 2012, the Plaintiff entered into an agreement with the Defendant to enter into a special bearer membership membership agreement (hereinafter “instant membership agreement”) and paid KRW 400,000,00 to the Defendant in order to use the city club and its ancillary facilities located in 57-444, the Gyeong-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Seoul Special Metropolitan City (hereinafter “instant golf club”).
Before entering into the instant membership agreement, the recruitment guide that the Plaintiff received was indicated as follows under the title “Special Arms Member Specialization”.
Special Arms Member Special Inbound - One Team Transfer (At the end of week/state) - Security at the end of eight times per week - Operation of a special bearer reservation system - Annual Reserve System - At the end of four weeks: A special agreement delivered by the Plaintiff from the Defendant at the time of the conclusion of the present membership agreement within a total of eight occasions per week shall include the following:
Special Agreement Documents
4. Period for participation: Seven years.
5. Attended amount: 400 million won.
6. Details 1) Details 1) - Inorganic Nos. 4 (No. 4 inorganics) - Guarantee 8 times a month at the end of a week - Where a team (four in a week) runs golf by March 2014, the Plaintiff does not limit the frequency of reservation by March 2014, the details 1 in each week, within the limit of 8 times a month, and where a two team runs golf as a group, within the limit of 4 times a month, and within the limit of 8 times a month at the end of a week (hereinafter referred to as “insect”).
(2) On February 22, 2014, the instant golf course was used without paying the instant golf course. [2] On February 25, 2014, the Defendant decided to increase the green volume by 5,000 won from April 1, 2014 on the ground of an increase in expenses, etc., and at a temporary general meeting of shareholders on February 25, 2014.