(영문) 광주지방법원 2016.09.22 2016가합53413

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(영문) 광주지방법원 2016.09.22 2016가합53413

보증금반환

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1. Of the instant lawsuit, the part of the claim for confirmation of rehabilitation claims regarding the principal amount of KRW 330,000,000 shall be dismissed.

2. The plaintiff.

Reasons

1. Deposit for a membership number of 1 L18-12-9090 on November 5, 2010, 2010 2 L18-12-900 on November 5, 2010: 165,000 won on the date of joining the basic fact-finding sequence 165,000,000 won;

A. The Plaintiff joined the instant golf club (hereinafter “instant golf club”) as a regular member of the following two memberships (hereinafter “instant memberships”) operated by another golfWn Co., Ltd. (hereinafter “Nonindicted Company”).

B. The non-party company agreed to pay the deposit to the Plaintiff at the time of requesting the return of membership after the lapse of five years from the date of joining the instant golf course.

C. On November 26, 2015, the Plaintiff expressed his/her intention of withdrawal to the non-party company on the instant membership and filed a claim for refund of the deposit.

The Plaintiff filed a claim against Nonparty Company for payment of the amount calculated by the rate of 15% per annum from January 5, 2016 to the day of complete payment, which is the day following the delivery date of a copy of the instant complaint, by means of the filing of the instant suit on December 24, 2015 and the purport of the claim and amendment of the cause of the claim on March 7, 2016.

E. However, on February 15, 2016 with respect to the non-party company, the Changwon District Court Decision 2016 Ma1006 decided on February 15, 2016, and the Defendant was appointed as the administrator of the non-party company and taken over the instant litigation procedure. The Plaintiff changed the claim of this case to the claim for confirmation of rehabilitation claim

F. In the rehabilitation procedure, the Plaintiff reported to the rehabilitation claim that “ principal KRW 330,00,00 and interest KRW 5,560,272 prior to commencement, and interest KRW 15% prior to commencement,” but the Defendant recognized only principal KRW 330,00,000 as rehabilitation claim and raised an objection to the interest prior to commencement, and interest prior to commencement.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3-1, 2, 3, 4, 5, 6-1 through 13, 7, and the purport of the whole pleadings

2. The claim for confirmation of rehabilitation claims against the principal amounting to 330,000,000.

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