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(영문) 서울동부지방법원 2018.01.23 2017가단124441
보증금반환
Text

1. The Defendant’s KRW 49,500,000 for the Plaintiff and 6% per annum from June 22, 2017 to January 23, 2018.

Reasons

1. Basic facts

A. Korea Airport Co., Ltd. received 49,500,000 won from the Defendant around 1997, and entered into a membership agreement with the Defendant to join the so-called So-called So-called So-dong Golf club (hereinafter “instant golf club”) located on the 171 So-called So-called So-dong, Chungcheongnam-gu, Seoul (hereinafter “instant golf club”) (hereinafter “instant membership agreement”), and became a member in full payment of KRW 49,50,000 for the said membership deposit. On December 14, 2016, the Plaintiff acquired the instant golf club membership (a membership number B: hereinafter “instant membership”) from the Korea Airport Co., Ltd., Ltd. on the attached list, and around that time, the Plaintiff reported the acquisition of the above membership to the Defendant, and completed the procedure, such as change of ownership.

B. The main contents of the instant membership agreement relating to the issues of the instant case are as follows.

Article 9 (Admission) The membership of this club shall be acquired by obtaining the approval of the company in accordance with the membership procedure and obtaining membership cards by obtaining the issuance of membership cards.

Provided, That where a golf course is used prior to the issuance of a membership card, the membership number shall be assigned as the duration of membership admission procedure expires, and the membership fee shall be applied from the following day from the date following the date of issuance of the tax invoice

Article 10 (Deposit Money for Membership) The deposit money for membership shall be deposited with interest free from the company for ten years from the date of membership, and the principal shall be refunded only once only.

Provided, That the return may be suspended for a certain period of time according to the resolution of the board of directors in the event of natural disasters, corporate governance or other force majeure.

Article 15 (Deposit for Membership) A member shall lose his/her qualification in any of the following cases:

1. Transfer of membership certificates;

Article 16 (Transfer of Membership Rights)

1. Transfer and acquisition of membership rights shall complete the procedures determined by the company after completion and obtain approval from the company;

2. Expenses, etc. incurred in transferring membership rights in cases of the transfer of membership rights, corporate members, and a change of name;

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