logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.10.14 2014가단200502
채무부존재확인
Text

1. The termination of membership agreement entered into on July 29, 2010 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that receives a security deposit and membership fee by inviting golf members, and provides golf members with services for the use of the golf course with which the Plaintiff entered into a partnership or purchased membership.

B. On July 29, 2010, the Defendant concluded a golf membership use contract with the Plaintiff (hereinafter “instant contract”), and paid KRW 28,600,000 in total amount to the Plaintiff (i.e., KRW 16,000,000, KRW 16,000,000, KRW 16,000, and the main contents of the Plaintiff’s terms and conditions and the usage management regulations applicable to the instant contract are as follows.

Article 3 (Definitions)

4. Services, etc.: Brokerage of services, such as reservation, for facilities for use provided to subscribers.

5. Guarantee money: It shall be operated through a non-life insurer, financial institution, etc. as determined by the Republic of Korea at the maturity of its members.

6. Membership fees: It shall not be refunded after a golf service contract has been concluded with the costs of operating and managing the new golf membership and providing the prescribed services to suppliers in order to provide them more efficiently;

Article 7 (Arrears and Withdrawal)

2. The contract cannot be cancelled in principle after the balance is paid in full.

Provided, That in the event of an application for middle termination due to inevitable circumstances, the remaining amount shall be refunded after deducting the penalty of 10% based on the total amount, service charges, and the service completion fees according to the transitional period for which the service is provided.

3. "Inevitable circumstances" in paragraph 2 is limited to death, emigration, etc. of a member.

Article 4 (Use and Management Regulations for Facilities)

1.One member, or family member, preferential member, associate member, or general treatment shall be used five-monthly for a golf course secured by a supplier to a person recognized by a supplier.

Article 7 (Details of Deposits)

1. Deposit shall be limited to the principal at interest-free time after maturity (five years);

arrow