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(영문) 서울중앙지방법원 2015.11.27 2015가단5180234
약정금
Text

1. The defendant shall pay 120,000,000 won to the plaintiff and 15% per annum from June 24, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant is a company that operates a golf course with the trade name, “ropool golf club” (hereinafter “the instant golf club”) in the Don-si dialogue.

B. On June 9, 2010, the Plaintiff filed an application with the Defendant for membership of the instant golf club, and around that time, paid a total of KRW 120 million, and received membership cards from the Defendant.

C. According to the instant golf club agreement prepared and delivered by the Defendant to the Plaintiff (hereinafter “instant agreement”), the said agreement stipulates that the principal shall be returned at the time of requesting the return of the paid principal after five years.

The plaintiff, around April 3, 2015, has passed five years since the filing date of the above application for membership to the defendant.

6. On October, 196, a certificate of content was sent to the effect that the above membership fee was returned and changed.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including virtual numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. On the premise that five (5) years have elapsed since the Plaintiff’s assertion, the Defendant sought the return of KRW 120 million to the Defendant on the premise that the Plaintiff’s actual acquisition of membership is the opening date of the instant golf club; the Plaintiff’s actual acquisition of membership is the opening date of the instant golf club; and the rules of the instant golf club provide that “the membership fee shall be deposited in the company for five (5) years from the opening date of the membership; and the Addenda provides that “this Rule shall enter into force on the opening date of the membership; and the legal nature of the membership fee has the right to use the instant golf club facilities and the right to use the instant golf club as a consumption deposit under the Civil Act. In light of the fact that the legal nature of the membership fee has the ownership of the right to use the golf club facilities and the right to use the instant golf club, the time for return of membership fee shall be counted from the opening date of the golf club. Accordingly, the Plaintiff’s claim for the return of the membership fee has not yet arrived.

B. We examine the judgment, and the instant agreement is a certain amount at the time of joining the membership.

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