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(영문) 서울중앙지방법원 2014.09.18 2014나16219
골프회원권입회금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay KRW 38,800,000 to the Plaintiff and its related costs from April 10, 2013.

Reasons

1. Basic facts

A. On February 2008, the Plaintiff was urged from D to attend as a member of the People's Republic of China (hereinafter referred to as "China") from the People's Republic of China (hereinafter referred to as "China"), which is the trade name prior to the Defendant's change, and the golf course is changed to the current trade name as of July 9, 2009, except in extenuating circumstances, the Plaintiff provided a explanation from D to D that "a golf course is in China (hereinafter referred to as "wawa), but all business, such as the reservation for the use of the golf course and the management of its members, etc., are in Seoul, while the golf course is in China (hereinafter referred to as "wawa"), and five years, since the period of holding membership is five years, the Plaintiff returned the full amount of the admission fee after five years."

나. 원고는 2008. 2. 20.경 위 장보고골프앤리조트의 회원으로 가입하기로 하여, 중국법인인 소외 영성욱일도가촌유한공사(榮成旭日度假村有限公司, 이하 ‘소외 유한공사’라 한다)와 사이에 다음과 같은 내용의 입회계약(이하 ‘이 사건 입회계약’이라 한다)을 체결하였고, 피고는 원고에 대해 소외 유한공사의 원고에 대한 입회금 반환채무를 지급보증하였다.

Indication of the object

1. Name: Golf course membership reported by the head of the golfW;

2. Location: In the presence of the Plaintiff as a member of the subject matter of the indications on the Gidong-si in the Gidong-si in China, the Plaintiff shall be considered as “A” and the Non-Party Limited Liability Corporation shall be considered as “B” and enter into the following membership agreements between “A” and “B”.

Article 2 (Entry Money) The amount of enrollment shall be three thousand two hundred and twenty thousand won.

Article 3 (Methods of Payment for Admission) (2) A shall pay the membership fee only by the method designated by B (Foreign Limited Liability Company) and where he/she violates this, A shall bear the loss incurred thereby.

1. A new bank due to deposits without passbook or account transfer, 140-07-623280, and a depositor:

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