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(영문) 수원지방법원 2015.12.03 2014나36457
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

On March 7, 2011, between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that receives a security deposit and membership fee by inviting golf members, and provides golf members with services for the use of the golf course with which the Plaintiff entered into a partnership or purchased membership.

B. On March 7, 2011, the Defendant entered into a golf membership use contract with the Plaintiff (hereinafter “instant contract”), and paid KRW 15,950,000 to the Plaintiff (i.e., KRW 7., KRW 7,700,000, KRW 7550,000, KRW 7,500,000).

C. Of the content of the instant contract, the following are relevant to the instant case.

Article 3 (Definitions of Terms and Conditions)

5. Guarantee money: It shall be operated through a non-life insurer, financial institution, etc. as determined by the Republic of Korea at the time of maturity.

6. Membership fees: It shall not be refunded after a golf service contract has been concluded with the costs of operating and managing the new golf membership and providing the prescribed services to suppliers in order to provide them more efficiently;

Article 7 (Arrears and Withdrawal)

2. The contract cannot be cancelled in principle after the balance is paid in full.

Provided, That in the event of an application for middle termination due to inevitable circumstances, the remaining amount shall be refunded after deducting the penalty of 10% based on the total amount, service charges, and the service completion fees according to the transitional period for which the service is provided.

3. "Inevitable circumstances" in paragraph 2 is limited to death, emigration, etc. of a member.

Article 4 (Use of Facilities in Rules for Use Management)

1.No person shall use a golf course secured by a supplier to a person recognized by the supplier as a principal member or family member, preferential member, associate member, and general treatment once a month.

Article 7 (Details of Deposits)

1. The deposit shall be refunded only to the principal without interest at the time of request for return after maturity (five years);

From March 18, 2011, the Defendant received from the Plaintiff the use of the golf course under the instant contract.

[Reasons for Recognition] There is no dispute.

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