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(영문) 서울중앙지방법원 2017.06.02 2016가단5209361
입회금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from October 12, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On May 23, 2008, B entered into a golf membership agreement (hereinafter “instant agreement”) with the Youngdong-si Construction Company and China, which is located in the Sungdong-si, Masan-si, Maddong-si, Maddong-si, Maddong-si, China (hereinafter “the instant golf course”).

Article 2 Visits A (Plaintiff) shall be paid 60 million won for the admission fee to B (Yongsung-do).

Article 5. Qualification period and holding period (1) A shall acquire qualification for membership from the date of full payment of the membership fees prescribed in Article 2.

(2) The qualification period for Gap shall be five years from the date of acquisition of the qualification for membership under paragraph (1).

(3) Where Gap or Eul does not raise any objection to the membership qualification, etc. in writing 30 days prior to the expiration date of the membership qualification period, the period shall be extended under the same conditions, and shall be as

Article 6 (Return of Membership Fees) (1) In principle, A shall not claim the return of the membership fees to B before the expiration date of the membership period.

When a claim for refund is filed by A after the expiration of the above period, B shall return the principal of the membership fee within 15 days from the date of the claim, and A shall lose the membership fee at the same time as the membership fee is refunded.

Provided, That in cases of force majeure, such as natural disaster, etc., the return of the membership fee may be postponed through consultation with Gap and Eul.

(2) In any of the following cases even before the expiration date of the qualification period for membership, where a Party A requests the return of the membership fee, along with evidential data, it shall be treated the same as the refund of the membership fee after the expiration

3. Where any other serious cause arises that makes it impracticable to continue to maintain the membership agreement (excluding the transfer of a natural disaster, etc.), the transfer of membership under Article 7 (1) may be transferred to a person who has acquired membership under Article 5.

(2) Where a membership is transferred, A shall complete the procedure for change of name to B, and the transferee shall change the name.

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