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(영문) 제주지방법원 2018.01.11 2017가합12475
청구이의
Text

1. On August 9, 2010, Jeju District Court Decision 2010Kahap1681 against the Defendant’s Plaintiff case.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates the golf course construction and operation business, and the Defendant was a member of the golf course operated by the Plaintiff.

1. The Plaintiff shall pay the Defendant KRW 45 million up to September 30, 201, KRW 45 million up to November 30, 201, KRW 45 million up to November 30, 201, and KRW 45 million up to January 31, 201, respectively.

(hereinafter “Claims to Return Security Deposit.” If the Plaintiff fails to pay each of the above amounts by the above payment date, it shall lose the benefit of the time and shall pay the unpaid amount and the interest at the rate of 20% per annum from the day after the date of delay until the day of full payment.

2. The Plaintiff recognized the Defendant as the regular members of the Plaintiff’s golf club by January 31, 2011.

3. The defendant shall waive the remaining claims.

4. The costs of lawsuit shall be borne by each person;

B. On June 22, 2010, the Defendant filed a lawsuit seeking the return of the membership deposit with the Jeju District Court 2010Kahap1681, and the said court rendered a ruling of recommending reconciliation (hereinafter “the instant decision of recommending reconciliation”) on August 9, 2010 and became final and conclusive on August 31, 2010.

C. On October 15, 2010, the Plaintiff filed an application for commencement of rehabilitation proceedings with Jeju District Court 2010 Gohap 5, and the decision on commencement of rehabilitation proceedings with the Plaintiff was rendered on November 3, 2010.

On December 2, 2010, the Defendant reported the Plaintiff’s right to refund the instant security deposit as a rehabilitation claim in the rehabilitation procedure.

Since then, the rehabilitation procedure was implemented by the plaintiff on April 27, 2012, and the rehabilitation procedure was completed on the grounds that the plaintiff was faithfully implementing the rehabilitation plan on May 3, 2016.

The principal and interest to be repaid in the relevant year according to the rehabilitation plan which is due date under the approved rehabilitation plan shall be repaid on December 30 of the relevant year (Provided, That where the date is a holiday of a financial institution, the immediately preceding business day).

Rehabilitation Claim and Golf Membership Membership's Deposit (1) The principal and interest prior to the commencement of the rehabilitation claim(2016) shall be prior to the fifth year(2016).

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