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(영문) 서울중앙지방법원 2020.10.29 2019가합564016
입회금반환
Text

1. The defendant shall pay 15,00,000 won to the plaintiff and 12% per annum from June 10, 2020 to the day of complete payment.

Reasons

Facts of recognition

The plaintiff is a company established for the purpose of the golf course business, etc. for the purpose of research and development of medicines and manufacturing sales business.

On November 1, 1995, the Plaintiff paid KRW 360,000 (hereinafter “instant membership fee”) to the Plaintiff as a legal entity of the Plaintiff’s C consortium operated by the Defendant (hereinafter “instant golf club”) upon filing an application for membership, and acquired two membership cards (members D and E).

(hereinafter “instant membership agreement”). Article 11 of the Defendant’s membership recruitment agreement provides that “A member may file an application for withdrawal not later than 30 days before the expiration of five years from the date of issuance of the membership card. In order to escape, a member shall submit an application for withdrawal, a membership card, and a membership card to the company and obtain approval from the company. In the absence of an application for withdrawal by 30 days before the expiration of the membership period, the membership period shall be automatically renewed for five years, on the ground that the application for withdrawal was automatically renewed for five years.”

On September 23, 2015 and May 4, 2016, the Plaintiff requested each of the Defendant to withdraw from the membership of the instant golf course and to return the instant membership fee.

On June 9, 2020, the Defendant paid KRW 360 million to the Plaintiff with the return of the instant membership fee.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 8 (including a provisional number; hereinafter the same shall apply), Eul evidence Nos. 2 through 4, and the purport of the whole pleadings are asserted by the parties concerned. Since the plaintiff's membership agreement of this case was terminated on October 31, 2015 with the plaintiff's declaration of rejection, the defendant shall pay to the plaintiff 3.6 million won and its delay damages from November 1, 2015, but the defendant paid 3.6 million won to the plaintiff on June 9, 2020, since the defendant paid 3.6 million won to the plaintiff on June 9, 2020, the defendant asserted that the plaintiff had paid 115,000,000 won with the principal of this case excluding the above repayment amount, and that the plaintiff had remaining 115,016,320 won with the principal of this case.

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