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1. The part against the defendant among the judgment of the court of first instance shall be revoked, and the lawsuit of this case corresponding to the above revoked part shall be dismissed.
Reasons
1. The summary of the instant case pertains to a case involving: (a) cancellation of a golf course membership agreement entered into with AIMD Co., Ltd. (hereinafter “AIMD”); and (b) the Plaintiff, who won the entire lawsuit, succeeded to the rights and obligations arising from the registration and reporting of the sports facility business of AIMD pursuant to Article 27 of the Installation and Utilization of Sports Facilities Act (hereinafter “ Sports Facilities Act”); and (c) the principal and interest of the above winning final and conclusive judgment, the principal and interest of the litigation costs determined by the judgment, and damages for delay.
2. Presumption, etc.
A. On April 27, 2011, the date of payment of an admission fee paid under an agreement signed on the date of entering into an admission contract, such as the conclusion of an admission contract, concluded on April 27, 201, 190,000 million won on April 27, 201, the Plaintiff entered into an admission agreement of 170 million won on April 27, 201, and entered into an admission agreement of 190 million won on August 24, 2011 with a special member of 50 million won on August 24, 2011, the Plaintiff entered into an admission agreement of 190,000 million won on August 24, 201, and entered into an admission agreement of 190,000 won on March 16, 201 with a special member of 50,000 million won on each of the entry agreement of 1,500,000 won on the development of MW as follows.
B. On June 22, 2012, the Plaintiff filed a lawsuit claiming the return of membership fees (Seoul Central District Court Decision 2012Gahap52712, Seoul Central District Court Decision 2012) against IMD.
Under the judgment that the membership contract was terminated due to the plaintiff's application for the withdrawal from the plaintiff's membership on the ground of the plaintiff's non-performance of contractual obligation of guarantee of golf course navigation, the amount of 500 million won paid due to restitution to the original state from June 18, 2012 to July 6, 2012, the delivery date of a copy of the complaint in the above case, shall be 5% per annum as stipulated in the Civil Act and 5% from the next day to the date of complete payment.