1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. The reasoning of the judgment of the court on this part of the basic facts is that of the reasoning of the judgment of the court of first instance, it is identical to that of the part concerning the basic facts under paragraph (1).

2. Plaintiff’s assertion of the cause of claim and determination thereof

A. Pursuant to Articles 20(1)3 and 23 of the National Sports Promotion Act, Article 25 of the Enforcement Decree of the same Act, and Article 5 of the Framework Act on the Management of Charges, the Plaintiff notified the Defendant of the details of approval with the approval of the Minister of Culture, Sports and Tourism regarding the collection of surcharges to the users of the facilities of the membership golf club in 2014. As such, the instant golf course users are obliged to pay surcharges separately from admission fees, and the Defendant is obligated to collect surcharges from the relevant golf course operators and pay them to the Plaintiff

However, from March 1, 2014 to June 30, 2015, the Defendant, either intentionally or by negligence, publicly notified the golf course users to voluntarily pay the surcharge, thereby failing to normally collect and pay the surcharge, thereby violating the duty. As such, the Defendant is liable to compensate for the amount of surcharge 237,621,668 won as damages incurred by the Plaintiff.

B. Determination 1) The Constitutional Court accepted Article 20(1)3 of the former National Sports Promotion Act (wholly amended by Act No. 8344, Apr. 11, 2007; amended by Act No. 15261, Dec. 19, 2017); and Article 20(1)3 of the National Sports Promotion Act (amended by Act No. 15261, Dec. 19, 201) and Article 20(1)3 of the National Sports Promotion Act (amended by Act No. 15261, Dec. 19, 2017; 2015Hun-Ga21) and decided that each of the above provisions violated the Constitution.