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(영문) 서울동부지방법원 2015.10.05 2013가단125224
채무부존재확인
Text

1. The termination of membership agreements concluded on April 19, 2012 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

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

B. On April 19, 2012, the Plaintiff and the Defendant entered into a golf membership use contract (hereinafter “instant contract”) with a fixed period of five years (12,00,000 won + KRW 17,60,000 + KRW 17,60,000) and the total amount of the subscription fees, and the period of five years. The Defendant paid the Plaintiff the above subscription fees in full, and received the service of using the instant golf course from around that time.

C. Of the Plaintiff’s terms and conditions and the user management regulations applicable to the instant contract, the contents of the instant case are as follows.

Article 3 (Definitions of Terms and Conditions)

4. Services, etc.: Brokerage of services, such as reservations, etc. for facilities for use provided to subscribers.

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

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 the required services are paid to the suppliers in order to provide them more efficiently; and

Article 7 (Arrears and Withdrawal)

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

Provided, That 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, in the event of an application for middle termination due to unavoidable circumstances.

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

Article 7 (Use Management Regulations)

1.A principal member or a member to a person recognized by a supplier of a golf course to be secured by a supplier.

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