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(영문) 창원지방법원 마산지원 2018.07.18 2018가합100311
입회금반환
Text

1. The defendant,

A. 128,00,000 won to Plaintiff A and 15% per annum from May 1, 2018 to the date of complete payment.

Reasons

In fact, the defendant is a company that operates a golf club in the Magwon-Eup, Magwon-gu, Gyeongwon-gun.

The Plaintiffs entered into a contract with the Defendant that the Plaintiffs joined as members of the above golf course (hereinafter “instant contract”), and paid the amount of the admission to the Defendant.

At the time of the conclusion of the above contract, the plaintiffs and the defendant agreed to return the membership fee if the plaintiffs request the return of the membership fee after the expiration of seven years.

The date of concluding the contract by the defendant (the date of signing the contract) A. 28,00,000 B B on December 3, 2011, May 118, 2000 C on May 30, 2011, 118,000 C on June 3, 2011 D D 118,000,000 D June 3, 201, and the amount of the membership fee is as listed below.

Plaintiff

A around November 10, 2017; Plaintiff B around March 6, 2018; Plaintiff C around March 30, 2018; Plaintiff C around December 30, 2018; Plaintiff D around December 31, 2017; and Plaintiff D demanded the Defendant to return the amount at the expiration of the membership period.

【In light of the facts without a dispute over the basis of recognition, the entries in Gap 1 through 4 (including each number in the case of additional numbers), and the facts of the judgment as to the ground for the overall purport of the arguments, the above facts of the judgment on the ground of the claim are as follows. Since the plaintiffs' membership period for seven years has elapsed from the date of membership, the defendant can find that the plaintiffs are liable to return the amount requested by the plaintiffs to return according to the contract of this case.

Therefore, the defendant (1) 128,00,000 won and damages for delay calculated at the rate of 15% per annum from May 1, 2018 to the day following the delivery date of a copy of the complaint of this case, as claimed by the above plaintiff, as a result of the expiration date of the membership period, as 128,00,000 won and 15% per annum from May 1, 2018 to the day of complete payment, as claimed by the above plaintiff, (2) 118,00,000 won and 118,000 won for the plaintiff B after the expiration date of the membership period as claimed by the above

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