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1. The defendant shall pay to the plaintiff KRW 160 million with 15% per annum from March 28, 2018 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On March 20, 2013, the Defendant is a sports facility business entity under the Installation and Utilization of Sports Facilities Act, which operates the “Facheon Congratium” located in Young-si 34-2, Young-si (hereinafter “instant golf club”).
B. On March 28, 2011, the Plaintiff entered into a membership agreement with Rads Co., Ltd., a former operator of the instant golf course, setting the membership fee of KRW 160 million (hereinafter “instant membership agreement”), and paid to Rads Co., Ltd. KRW 30 million on March 28, 201, KRW 30 million on December 9, 201, and KRW 100 million on April 10, 201. The Defendant acquired the instant golf course’s business and succeeded to the rights and obligations of Rads Co., Ltd. under the instant membership agreement between the Plaintiff and Rads, upon acquiring the instant golf course’s business.
Where a sports facility business entity dies or transfers his/her business or corporate sports facility business entity is merged, the successor, the transferee of the business, the corporation surviving the merger or the corporation incorporated by the merger shall succeed to the rights and duties following the registration of or report on the relevant sports facility business (including matters agreed upon between the sports facility business entity and its members where members are recruited under Article 17 of the Installation and Utilization of Sports Facilities Act).
(Article 27 of the Installation and Utilization of Sports Facilities Act). (c)
Article 2(3) of the instant membership agreement provides that “A member shall not demand the refund of the full amount of the membership fee for five years from the date of the full payment of the remainder, and if a member’s withdrawal request is made after five years, the company shall only refund the principal under the relevant Act and subordinate statutes, as prescribed by the rules of the Association.” The Defendant’s bylaws stipulate that a member’s withdrawal request shall return the membership fee within three months from the date of such request.
[Reasons for Recognition] Facts without dispute, Gap 1 and 2 evidence (including each number), and the purport of the whole pleadings.