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(영문) 서울서부지방법원 2014.11.06 2013가단249115
채무부존재확인
Text

1. The termination of the membership agreement between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) on August 24, 2012.

Reasons

1. Basic facts

A. The Plaintiff is a company that receives a security deposit and membership fee by inviting golf members, and provides golf members with services for the use of the golf course with which the Plaintiff entered into a partnership or purchased membership.

B. On August 24, 2012, the Defendant entered into a golf membership use contract with the Plaintiff (hereinafter “instant contract”); and the Plaintiff paid KRW 15,950,000 to the Plaintiff (i.e., deposit KRW 7.7 million worth KRW 7.5 million). The main contents of the instant contract are as follows.

Article 3 (Definitions of Terms and Conditions)

5. Guarantee money: It shall be operated through a non-life insurer, financial institution, etc. as determined by the Republic of Korea at the maturity of its members.

6. Membership fees: It shall not be refunded after a golf service contract has been concluded with the costs of operating and managing the new golf membership and providing the prescribed services to suppliers in order to provide them more efficiently;

Article 7 (Arrears and Withdrawal)

2. The contract cannot be cancelled in principle after the balance is paid in full.

Provided, That in the event of an application for middle termination due to inevitable circumstances, the remaining amount shall be refunded after deducting the penalty of 10% based on the total amount, service charges, and the service completion fees according to the transitional period for which the service is provided.

3. "Inevitable circumstances" in paragraph 2 is limited to death, emigration, etc. of a member.

Article 4 (Use of Facilities in Rules for Use Management)

1.No person shall use a golf course secured by a supplier to a person recognized by the supplier as a principal member or family member, preferential member, associate member, and general treatment once a month.

Article 7 (Details of Deposits)

1. The deposit shall be refunded only to the principal with no interest accrued at the time when the refund is requested after maturity (five years);

C. From September 6, 2012 to October 14, 2013, the Defendant provided 16 times services relating to the use of the instant golf course pursuant to the instant contract, and accordingly, the Defendant at a discount.

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