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(영문) 서울남부지방법원 2018.07.19 2017가합108142
채무부존재확인
Text

1.(a)

The defendant confirms that the defendant is not a member of a membership golf course operated by the plaintiff.

(b).

Reasons

1. Basic facts

A. The Plaintiff is operating a golf course in Jeju-si, the Domsan-ri 5, the Domdong-gu, the Domdong-si (hereinafter “instant golf course”).

The Defendant was a member of the instant golf course, and the maturity date of membership under the membership agreement was January 31, 2010.

B. On October 15, 2010, the Plaintiff filed an application for commencement of rehabilitation procedures with Jeju District Court 2010 Gohap5 and received a decision to commence rehabilitation procedures on November 3, 2010, the rehabilitation plan approval order on April 27, 2012, and the rehabilitation procedure termination order on May 3, 2016.

Among the authorized rehabilitation plan (hereinafter "the rehabilitation plan in this case"), the main contents of the part concerning the obligations for the repayment of membership fees of golf members and the detailed repayment plan for the defendant are as follows:

With respect to the golf membership fees with the maturity maturity prior to the fifth year (2016), the term of maturity shall be reserved until the fifth year (2016), and the previous golf membership fees shall be returned with the membership fees received by returning the membership fees with maturity maturity due to the six years (2017), and with respect to the golf membership fees with maturity maturity due after the sixth year (2017), the previous golf membership fees shall be refunded with the membership fees received by returning the membership fees by the end of the year in which the maturity falls, and if the membership fees received by re-sale fall short of the previous golf membership fees, the amount to be refunded shall be refunded in proportion to the amount to be refunded, and with respect to the amount to be returned by the six years (2021 year) from the year following the year in which the unpaid maturity falls, the full amount of the previous golf member membership fees shall be refunded within five years from the year in which the unpaid maturity falls, and with respect to the amount to be returned by the tenth year (2021 year).

However, where the maturity is extended through the re-contract with respect to the golf membership fee which has become due, it shall be deemed that the golf membership fee has been refunded.

The interest prior to and after the commencement shall be exempted from the interest.

The principal and interest to be repaid in the year concerned according to the rehabilitation plan shall be the corresponding year.

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