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(영문) 서울중앙지방법원 2018.02.26 2017가단5155621
입회금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 54,00,000 and the interest rate of KRW 15% per annum from August 23, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 2007, the Plaintiff entered into a membership agreement with the Defendant on the membership in the rash Golf Co., Ltd., a golf club operated by the Defendant (hereinafter “instant golf club”) (hereinafter “instant agreement”), and paid KRW 54,00,000 on August 10, 2007.

B. The instant contract provides for the acquisition and holding period of membership and the return of membership fees as follows:

Article 4 (Acquisition and Retention Period of Membership) (1) The plaintiff shall acquire membership from the date of full payment of the membership fees prescribed in Article 2.

(2) The period of qualification for the plaintiff shall be ten years from the date of acquisition of qualification under paragraph (1).

Provided, That the expiration date of the membership period of a person who has succeeded to membership is the same as the expiration date of the first policyholder.

Article 5 (Return of Membership Fees) In principle, the plaintiff may not claim the return of the membership fees to the defendant before the expiration date of the membership period.

When the plaintiff's claim for refund is filed after the expiration of the above period, the defendant shall return the principal of the membership fee, and the plaintiff shall lose the qualification at the same time as the membership fee is returned.

C. On February 14, 2017, the Plaintiff filed an application with the Defendant for a refund of KRW 54,000,000 upon the expiration of the membership period stipulated in the instant contract.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, the purport of the whole pleadings

2. According to the above facts finding, the Plaintiff’s qualification period for the instant golf course expired on August 9, 2017.

As such, the Defendant is obligated to pay to the Plaintiff the amount of KRW 54,00,00 as the refund of the principal of the admission fee and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 23, 2017 to the date of full payment, as requested by the Plaintiff.

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