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(영문) 광주지방법원 2015.07.03 2014가합9047
입회금반환
Text

1. The Defendant shall pay Plaintiff A KRW 353,820,00, KRW 137,983,00 to Plaintiff B, and KRW 145,975,00 to Plaintiff C, and each of them.

Reasons

1. Basic facts

A. The Defendant is a company running a maid-maid-maid club (hereinafter “instant golf club”) from 292-20, a maid-maid-ro in the order of the Jeonnam-gun, and the Plaintiffs are those who acquired the qualification for membership of the instant golf club after paying the membership fee to the Defendant.

B. On December 14, 2007, Plaintiff A paid a membership fee of KRW 380 million to the Defendant, Plaintiff B paid KRW 150 million to the Plaintiff on December 3, 2007, and Plaintiff C paid KRW 150 million on December 14, 2007, respectively. On March 31, 2008, the Defendant issued and issued to the Plaintiffs a membership card to the effect that the Plaintiff is a member of the instant golf course.

C. The main contents of the instant golf course’s rules (Evidence A No. 4) that apply between the instant golf course and its members are as follows.

Article 7 Attendance

1.The person who wishes to be a member of this club shall submit an application for prescribed admission and shall pay the membership money after obtaining the approval of the company.

Article 8 Enrollments

1. A membership fee shall be deposited with interest free of charge in the defendant as the membership bond separately determined by the company;

3. In the event of a request for withdrawal or expulsion, etc., only the principal shall be returned pursuant to the prescribed agreement determined by the defendant and Article 16 (Return of Withdrawn and Membership Fees), and in the case of an overseas member, the refund shall be made in the won currency at the time of the entry.

Provided, That where payment is impossible immediately due to a natural disaster or the circumstances of a company, the return may be extended for a fixed period under mutual agreement by a resolution of the board of directors.

Article 13 A disqualified member shall lose his/her membership in any of the following cases:

2. Where a member leaves a club, the withdrawal from the club and the return of the membership fee under Article 16;

1. A company shall submit a prescribed application and obtain the approval of the company in order to wish the withdrawal;

2. A member may not demand a withdrawal within seven years from the date of full payment without the defendant's approval.

3. The company shall, when it approves the withdrawal, refund only the principal.

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