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(영문) 청주지방법원충주지원 2015.12.02 2015가단5036
회원권 납입원금
Text

1. The Defendant’s KRW 120,000,000 as well as 20% per annum from July 15, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The defendant is operating a “D” golf course located in Chungcheong City C.

(2) On May 28, 2010, the Plaintiff concluded a golf course membership agreement with the Defendant and paid KRW 120,000,000 to the Defendant.

At the time, I guarantee the return of principal when I request the return of the principal of the paid principal after 5 years of "the agreement that the defendant prepared to the plaintiff."

The term "" is written as "."

(3) On July 8, 2015, the Plaintiff filed a request against the Defendant for a payment order claiming the return of the amount to be present at the Cheongju District Court Decision 2015 tea593, and the original copy of the payment order issued by the said court was served on the Defendant on July 14, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 120,00,000,000 for the admission fee of the Plaintiff and the amount of damages for delay calculated at the rate of 20% per annum from July 15, 2015 to September 30, 2015, which is the following day after the original copy of the payment order was served on the Defendant as requested by the Plaintiff, and from the following day to September 30, 2015 to the date of full payment.

(The statutory interest rate of 15% per annum from October 1, 2015 shall apply to the change of the statutory interest rate under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

A. The starting date of the Defendant’s argument that the date when the Plaintiff returned the membership fee was the date when the Plaintiff actually acquired membership fees was the opening date of a golf club, and five years have not yet passed since the Plaintiff’s claim for the return of the membership fee was not due. Therefore, the Plaintiff’s claim for the return of the membership fee did not arrive.

B. According to the language and text of the judgment agreement, the starting date of five years shall be the date of document preparation (or the date of payment of admission fees). The evidence submitted by the Defendant alone is insufficient to recognize that the time of return of admission fees is the date of opening a golf course, and there is no other evidence to prove otherwise.

The defendant on August 8, 2014, is the board of directors.

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