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(영문) 대구지방법원 2017.10.26 2016가합208352
청구이의
Text

1. The defendant's Daegu District Court 2010Kahap6134 against the plaintiff has an executory power over the defendant's claim for membership fees.

Reasons

1. Basic facts

A. On August 12, 2004, the Defendant entered into a membership agreement with the Plaintiff and the Plaintiff’s operation, and paid KRW 171,00,000 to the Plaintiff as a membership fee.

B. On June 15, 2010, the Defendant filed a lawsuit against the Plaintiff with the Daegu District Court 2010Kahap6134, and on September 17, 2010, the said court sentenced the Plaintiff (the Plaintiff of this case) to the effect that “the Defendant (the Plaintiff of this case) shall pay 171 million won to the Plaintiff (the Defendant of this case) and the amount calculated by the rate of 20% per annum from June 29, 2010 to the day of full payment” (hereinafter “principal decision”), and the said judgment became final and conclusive around that time.

C. After that, the Plaintiff filed an application for rehabilitation with the Jeju District Court 2010 Gohap5 as a result of the aggravation of management status, and received a decision on November 3, 2010 from the above court, and the Defendant was confirmed as a rehabilitation claim the principal amount of KRW 171,00,000,000, out of the aforementioned claim to return the membership fee to the Plaintiff in the rehabilitation procedure.

On April 27, 2012, the said court rendered a decision to authorize the rehabilitation plan against the Plaintiff (hereinafter “decision to authorize the rehabilitation plan of this case”). The main contents of the authorized rehabilitation plan (the rehabilitation plan of this case as of March 19, 2012) concerning the golf members’ claims to return membership fees, including the Defendant, are as follows.

4. Rehabilitation claims, golf membership membership membership fees;

(b) The right alteration and repayment method (1) with respect to the golf membership fees which come due prior to the fifth year (2016), the due date shall be reserved up to the fifth year (2016), and the previous golf member membership fees shall be returned to the return of membership fees which come due by the end of the sixth year (2017), and the previous golf member membership fees which come due after the sixth year (2017) shall be returned, and with respect to the golf member membership fees which come due after the sixth year (2017), the membership fees which are returned by the return of membership fees by the end of the year to which the due date belongs shall be returned and the previous golf member membership fees shall be refunded.

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