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(영문) 서울중앙지방법원 2014.11.19 2014나16660
골프회원권입회금
Text

1. Revocation of a judgment of the first instance;

The defendant shall pay to the plaintiff KRW 38,800,000 and shall pay to the plaintiff from April 10, 2013.

Reasons

1. Basic facts

A. M establishes the Defendant on March 9, 2006, and invests in the C Limited Corporation that operates the “Egypt (hereinafter “Egymar”)” located in P of the People’s Republic of China Seongdong-si, the People’s Republic of China (hereinafter “Egymar”) and acquires 100% of the shares of the limited corporation and became its representative.

B. On February 20, 2008, upon the recommendation of N with N with the Defendant’s name of executive director, the Plaintiff entered into a golf membership agreement on the E golf course (hereinafter “instant membership agreement”) with a limited liability company as follows.

(A) “A” and “B” refer to the Plaintiff, “B” and “B”. Article 3 (Method of Payment of Visits) (2) “A” shall pay the membership fee only by the method designated by “B”, and if it violates this, the damage incurred therefrom shall be borne by “A”.

1. The new bankF or depositor by making a deposit without a passbook or by account transfer: Article 5 (Period of Acquisition and retention of Membership) (1) A shall acquire a membership from the date of full payment of the membership fees as prescribed in Article 2;

(2) The period of membership in A shall be five years from the date of acquisition of the qualification under paragraph (1).

(3) Where Gap or Eul does not raise any objection to the membership qualifications, etc. in writing 30 days prior to the expiration date of the membership qualification holding period, it shall be extended under the same condition, and the period shall be as

Article 6 (Return of Membership Fees) (1) In principle, A shall not claim the return of the membership fees to B before the expiration date of the membership period.

When a claim for refund is filed by A after the expiration of the above period, B shall return the principal of the membership fee within 15 days from the date of the claim, and A shall lose the membership fee at the same time as the membership fee is refunded.

(2) Where a person falls under any of the following subparagraphs even before the expiration date of the membership period, and requests the return of the membership fee, attaching documentary evidence, the membership fee after the expiration of the period:

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