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(영문) 서울중앙지방법원 2015.01.30 2014가합46070
입회금등반환
Text

1. The defendant,

A. The Plaintiff Co., Ltd.: (a) KRW 226,618,082 and its amount from January 1, 2015 to January 30, 2015.

Reasons

In fact, the Plaintiffs, as indicated below, purchased golf membership in the “Amart club or Seoul,” which is a golf club located in the 90-2 Sim-ri, Gyeong-ri, Gyeong-ri, the Defendant operated, and completed the transfer procedure, and the Plaintiff paid the loan to the Defendant.

On December 6, 2007, the Plaintiff Company agreed to return the above loan amount of KRW 180,000,000 on December 6, 2007, which was borrowed from E50-12-2201 280,000,000 on the date of borrowing the membership deposit money on the date of the transfer of membership deposit, to the Plaintiff Company at the time of returning the deposit money.

According to the golf club rules of this case, memberships sold before 2008 can be refunded at the time of withdrawal when five years have elapsed from the admission.

The membership purchased by the plaintiffs was sold in around 199.

Plaintiff

On July 30, 2014, the Company notified the Defendant of the withdrawal session, and sent the content-certified mail demanding the return of the membership fee and the borrowed money by August 31, 2014. On November 25, 2013, Plaintiff A sent the content-certified mail demanding the return of the deposited money to the Defendant by notifying the Defendant of the withdrawal.

【In light of the fact that there has been no dispute, the entry of Gap evidence Nos. 1 through 8 (including the number of branches), and the purport of the whole pleadings, the above-mentioned facts are examined. Since the plaintiffs' membership was sold in lots before 2008 and five years have passed from the entry (five years have passed since the date of entry of the plaintiffs), the plaintiffs may withdraw from the golf club of this case and claim the return of the membership fee and borrowed money.

Inasmuch as the Plaintiffs’ withdrawal may be deemed to take effect upon the lapse of one month from the notification of the withdrawal, the Plaintiffs Company shall have reached August 30, 2014, and the Plaintiff A shall have reached December 25, 2013.

However, the Plaintiff Company up to August 31, 2014.

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