1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Facts of recognition

On February 22, 2016, the Plaintiff entered into a contract with the Defendant to purchase VIP membership rights (hereinafter “instant membership rights”) with the term “350,000,000 won for admission fee, and 10 years for admission period” (hereinafter “instant sales contract”). The Plaintiff paid the above membership fee and acquired the instant membership rights.

At the time of the instant sales contract, the Defendant, at the time of the instant sales contract, guaranteed the reservation of the golf course for five affiliated companies of Group C twice a week, including four times a week and four times a week, and agreed to pay KRW 200,000 for the period from March to December 12, 200 for the amount of ten months (hereinafter “instant agreement”). The Defendant, which issued the Plaintiff on the same day, stated that “P Dayback 20,000 won for the instant membership certificate issued to the Plaintiff.”

The Plaintiff used only 13 times among the vouchers 60 times during the 10-month period to which the instant agreement applies (i.e., January 6 x 10 months) in 2017, and did not use 47 times.

[Ground of recognition] In light of the fact that there is no dispute, Gap evidence No. 1, and the summary of the plaintiff's assertion of the purport of the whole argument, the defendant recruited members of the membership of the instant case by advertising the Pcccccck system focusing on the plaintiff's assertion of the purport of the argument, and the advertisement contains the phrase "working of unsalking cash dividends" in the advertisement, the agreement of the instant case does not merely compensate for the unsalking amounting to KRW 200,000 per time only in the case where the application for unsalking was made, but does not use the unsalking frequency by failing to apply for unsalking (hereinafter "unsalking unsalking unsalking unsalking portion"), but it should be interpreted as compensation for cash amounting to KRW 20,000 per time.

Therefore, the defendant is entitled to 9,400,000 won as cash compensation for the portion not used by the plaintiff (=47 times x 200,000 won).