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(영문) 수원지방법원 2016.09.27 2016가단520795
기타(금전)
Text

1. The Defendant’s KRW 150,000,000 as well as 5% per annum from May 21, 2016 to September 27, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 20, 201, the Plaintiff paid KRW 150,000,00 as an admission fee to the Defendant, a juristic person that owns a golf club located in Hongcheon-do, Hongcheon-do, which is a golf club (hereinafter “instant golf course”) and became a juristic person member of the instant golf course.

B. Article 11(1) of the Terms and Conditions for the Use of the Golf Course of this case provides that “The membership fee shall be paid to the company as a security deposit for regular members, and the company shall be refunded at the time of withdrawal,” Article 13(1) of the Terms and Conditions for the Use of the Golf Course of this case provides that “the company shall refund the membership fee within one month from the date of request for return,” and Article 13(1) of the Terms and Conditions for the Use of the Golf Course of this case provides that “the member may withdraw from the company at the time five years have passed from the date of withdrawal,” and Article 11(2) of the Terms and Conditions for the Use of the Golf

C. On January 19, 2016, the Plaintiff notified the Defendant of his/her intention to resign from the members of the instant golf course as of April 20, 2016, which was five years after the date of entry, and submitted an application to return the membership fee by April 20, 2016, and the said application reached the Defendant’s registration on January 20, 2016.

Grounds for Recognition: Facts without dispute, entries in Gap evidence 1 through 5, the purport of the whole pleadings

2. 피고의 주장과 이에 대한 판단 피고는 원고가 정회원의 탈퇴 및 탈퇴 후의 입후금반환요청이 있었다는 사정이 전제되어야 하고 지연손해금지급의무를 부담하기 위해서는 �퇴일로부터 1개월이 경과하고 입회금반환요청일로부터 1개월이 경과되어야 하므로 이 사건 지급명령정본송달일 다음날인 2016. 5. 17.부터 지연손해금을 부담하지는 않는다고 주장하므로 살피건대, 위 1의 라.

In full view of the entry in the port and the entry in Articles 11(2) and 13(2) of the instant golf course usage agreement, the Plaintiff shall be the Defendant.

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