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(영문) 광주지방법원 2017.11.28 2017가단502434
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 2, 2016, the Plaintiff entered into a contract with the Defendant to sell KRW 112,500,000 for membership deposit for KRW 150,500 for membership deposit and KRW 50,000 for membership deposit for KRW 150,50,000 for membership, with the agreement that the amount equivalent to 75% of the membership deposit shall be paid in the purchase price.

(hereinafter “each golf membership sales contract of this case”). B.

The Plaintiff received KRW 150,000,000 in total from the Defendant on the date of the conclusion of the above contract (=12,500,000 won).

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. Plaintiff’s assertion 1) At the time of the Plaintiff’s conclusion of each golf membership agreement with the Defendant, B representing the Defendant that “the Defendant purchases golf membership at an amount equivalent to 75% of the membership security deposit, and if a company affiliated with the Gangseo Group purchases golf membership of another member at an amount exceeding 75% of the membership security deposit, the Plaintiff will also guarantee the amount (hereinafter “the Difference Guarantee Agreement”).

(2) Since the company belonging to the Gangseo-dong Group purchased golf membership rights of other members at an amount equivalent to 100% of the security deposit, the defendant is obligated to pay the amount equivalent to 25% of the security deposit to the plaintiff according to the difference security agreement. 2) Even if the defendant did not have the right to make a difference security agreement to B, the defendant granted the right to representation on the golf membership purchase business to C Co., Ltd. (hereinafter “C”), and the actual representative B of C, while purchasing golf membership rights, agreed to guarantee the difference to the plaintiff. Thus, the defendant is in accordance with Article 126 of the Civil Act.

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