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(영문) 제주지방법원 2016.08.18 2015가합11089
회원권대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a company operating a general cooking, such as tourist accommodation, Lestons, recreational cultural facilities, etc., with the trade name, 107, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopoland.

B. Around October 5, 2007, the Plaintiff entered into a membership agreement with the Defendant, an association member of the 110.86 square meters square meters-type 10.86 square meters-type 10.86 square meters-type 10 square meters-type (hereinafter “instant agreement”), and around that time, paid the amount of KRW 476 million to the Defendant.

C. Of the instant contract and the terms and conditions for the use of the instant contact, the part relating to the instant case is as follows.

The purpose of Article 1 (Purpose) of the Contract of this case is to prescribe matters necessary for Gap (referring to the plaintiff; hereinafter the same shall apply) to be present and used as a member of the contact of this case.

Article 4 (Acquisition and Retention Period of Membership) (1) A shall acquire membership from the date of full payment of the membership fee.

(2) The qualification period for Gap shall be 20 years from the date of acquisition of the qualification for member under paragraph (1).

Article 5 (Return of Membership Fees) (1) In principle, A may not claim the return of the membership fees to B (referring to the defendant; hereinafter the same shall apply) before the expiration date of the membership period.

(2) In any of the following cases even before the expiration date of the qualification period for membership, where 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 of

3. If there is any other serious cause making it difficult to maintain the membership agreement, Article 6 (Management and Use of Facilities) (1) The use of the contact shall be subject to the “Terms and Conditions of Use of Facilities” attached thereto.

(2) Matters concerning the management and operation of containers shall be governed by separate contracts.

Article 9 (Cancellation of Contracts) (3) Where it is impossible to use the container for more than three months from the scheduled date for use of the container due to the reasons such as the completion body of B or of B.

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