(영문) 창원지방법원통영지원 2015.10.27 2015가단3340

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(영문) 창원지방법원통영지원 2015.10.27 2015가단3340

골프회원가입금반환

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1. The Defendant’s KRW 142,50,000 per annum for the Plaintiff and the following: 5% per annum from October 9, 2015 to October 27, 2015.

Reasons

1. Facts of recognition;

A. On November 208, the Plaintiff agreed to join the golf course and its ancillary facilities owned and operated by the Defendant (hereinafter “instant golf course”) with the Defendant as a member, and received a membership certificate from the Defendant on October 7, 2010, as a membership fee for the membership number B membership rights (hereinafter “instant membership rights”), KRW 20 million on November 6, 2008, KRW 28 million on November 17, 2008, KRW 45 million on January 22, 2009, and KRW 75 million on January 25, 2010, and KRW 142.5 million on January 25, 2010.

B. The main contents of the instant membership rules (hereinafter “instant rules”) are as follows.

The members of this club under Article 5 of the Regulations shall be classified as follows:

1. Type A of regular members (individual and corporation);

2. Type B of regular member (individual and corporation);

3. Type C of regular members (individual and corporation);

4. Family members;

5. Designated members;

6. An honorary member;

7. The admission to the golf course of this case as provided in Article 7 of the Members shall be regarded as the date of entry after obtaining the approval of the defendant company in accordance with the prescribed membership procedure as determined by the defendant company and making the registration of its members in full, and after receiving the membership card from the defendant company.

Article 8 Visits and Return

1. A membership fee shall be deposited with a membership bond as an interest without interest, and a membership fee shall be refunded at the request of the principal’s withdrawal from the company after five years have elapsed;

Article 10 (Transfer and Acquisition of Membership)

1. The qualification of members may be transferred or acquired with the approval of the defendant company in accordance with the prescribed form according to the procedure determined by the defendant company;

C. The Defendant concluded a membership fee agreement with the applicant for the membership of the instant golf course using the letter of agreement on the membership fee, and the main contents of the form are as follows (the Plaintiff and the Defendant did not submit a written agreement on the membership fee written as to the instant golf course by the closing date of the argument in this case).

(b)..

유사 판례

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