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(영문) 서울중앙지방법원 2014.02.07 2013가단124280
골프회원권입회금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 20, 2008, the Plaintiff entered into a membership agreement (hereinafter “instant agreement”) with the limited company C (hereinafter “C”) in the People’s Republic of China’s Republic of China’s Republic of China’s Republic of China’s Republic of China’s Republic of China’s Republic of China’s Republic of China’s Republic of China’s Seongbuk-si (hereinafter “instant membership agreement”).

B. The main contents of the instant contract are as follows.

Article 2 (Methods of Payment for Admission) (2) A (Plaintiff) shall pay the membership fee only by the method designated by B (C), and where he/she violates such method, the damage incurred by such violation shall be borne by A.

1. A new bankF and a depositor by making a deposit without passbook deposits or account transfer: Before the change of the defendant of Egypt;

The defendant was changed to the current trade name on July 9, 2009.

Article 5 (Period and Period of Qualification for Members) (1) A shall acquire qualification for members from the date on which he/she completely pays the membership fees prescribed in Article 2.

(2) The qualification period for Gap shall be five years from the date of acquisition of the qualification for membership under paragraph (1).

(3) Where Gap or Eul does not raise any objection to the membership qualification, etc. in writing 30 days prior to the expiration date of the membership qualification period, the period shall be extended under the same conditions, and shall be as

(1) In principle, A shall not claim the return of the membership fee to B before the expiration date of the membership period.

When a claim for refund is filed by A after the expiration of the above period, B shall return the principal of the membership fee within 15 days from the date of the claim, and A shall lose the membership fee at the same time as the membership fee is refunded.

C. The Defendant decided to guarantee the payment of membership fees in the event of a problem under the instant contract.

On February 20, 2008, the Plaintiff paid 38,800,000 to the Defendant as a membership fee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff.

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