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(영문) 의정부지방법원 2016.09.08 2015나53194

추심금

Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning of the judgment of the court of first instance is cited as it is by the main text of

2. Summary of the parties' arguments;

A. The Plaintiff’s assertion B is a member of the golf course with the separated leisure’s 300 golf course. The Defendant was obligated to pay KRW 30,000,000 to the Plaintiff who seized the above golf course deposit claim and collected KRW 30,000,00, and damages for delay thereof.

B. The Defendant’s assertion B is that the club of the separated leisure is not a golf club member of the 300 golf course.

B's grandchildren were holding four above golf club memberships, and after which the defendant acquired the separated leisure and used D, D, D'H, D's parents I, and J as family members, following four memberships.

3. Determination

A. First, according to the statements in Eul evidence Nos. 1 through 5, 7 through 11, and 19 (including paper numbers), the fact that the above golf course VIP membership agreement exists on October 27, 2010 prepared by Eul and four copies of each of the 300 golf course membership certificates and deposit money (30,000,000 won) certificates and four copies of each of the 300 golf course membership certificates and deposit money (30,000 won number: E through F) and D, four copies of the deposit payment receipt issued by D, four copies of the above golf course membership membership membership agreement issued by D, < Amended by Presidential Decree No. 2348, Oct. 20, 2010; Presidential Decree No. 23488, Oct. 20, 2010; Presidential Decree No. 23000, Mar. 4, 2012>

However, on the other hand, the following circumstances, which are acknowledged by the statement Nos. 4 and 5 of Gap, the inquiry results on the market in the strike of the court of first instance, and the purport of the entire pleadings, namely, ① the name of B, D, H, and J4 is stated in the membership list in which the defendant acquired the pro rata leisure from the pro rata leisure while acquiring it, and the number is next to that.