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(영문) 서울동부지방법원 2015.07.09 2014가합112048

부가금

Text

1. The Defendant shall pay to the Plaintiff KRW 376,149,578 and the interest rate of KRW 20% per annum from January 9, 2015 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff is a juristic person established pursuant to Article 36 of the National Sports Promotion Act to create, operate, and manage the Fund for the Promotion of National Sports and carry out projects incidental thereto, etc., and may collect surcharges for the admission fees to golf courses from the operators of member golf courses with the approval of the Minister of Culture, Sports and Tourism pursuant to Articles 19, 20(1)3 and 23 of the same Act. 2) The Plaintiff obtained approval from the Minister of Culture, Sports and Tourism regarding the collection of surcharges for the year 2012 as of December 16, 201, and the collection of surcharges from January 21, 2014 from the Minister of Culture, Sports and Tourism as follows.

Persons subject to collection: Persons who bear admission fees to use the facilities of a membership golf course: The amount collected based on admission fees collected from those who bear an admission fee: 10,00 won or more but less than 20,000 won but less than 1,500 won but less than 30,000 won less than 30,000 won and less than 2,500 won but less than 40,000 won less than 40,000 won and less than 2,500 won but less than 50,000 won, and the person liable for payment and the deadline for payment: The operator of a membership golf course shall pay the amount collected from the users of the golf course each month to the plaintiff by the tenth day of the following month.

Mutual aid for collection fees: Collection fees shall be collected after deducting some of the collected surcharges (2.2% in 2012, and 4.95% in 2014): the remainder shall be paid to the plaintiff only. In cases of delay in the payment of surcharges, the collection fees shall be reduced by 10% in the number of days of delay 1 to 30% in the case of delay, 20% in the case of 31 to 60% in the case of delay, and 30% in the case of 61 day or more in

3) The Defendant is a company running a membership golf club in 156-1 in Gwangju-si, Gwangju-si, Seoul-si, and the Plaintiff obtained each of the above approval and notified the Defendant of its approval pursuant to Article 23(3) of the above Act. 4) From May 2012 to December 2012 and from February 2014 to November 2014, 2014.