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The part of the lower judgment against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the third ground for appeal
A. On the grounds in a written judgment, a judgment on a party’s assertion and other means of offence and defense shall be indicated to the extent that it is possible to recognize that the text is justifiable, and no judgment on all parties’ allegation and means of offence and defense shall be required
(Article 208 of the Civil Procedure Act). Therefore, even if a court’s ruling does not state a direct judgment on the matters alleged by the parties, if it is possible to find out that the parties have cited or rejected such assertion in light of the overall purport of the reasons for the judgment, it cannot be deemed an omission of judgment. Even if a court’s ruling was not yet made, if it is obvious that such assertion would be rejected, it cannot be said that there
(See Supreme Court Decision 2006Da218 Decided July 10, 2008, and Supreme Court Decision 2011Da87174 Decided April 26, 2012, etc.) B.
(1) citing the reasoning of the first instance judgment, the lower court acknowledged the facts as indicated in its reasoning, including the details and contents of the final judgment in this case, which confirmed that each of the instant golf clubs in question was possessed by the Plaintiffs. Based on this, the lower court determined that the Defendant, who acquired the instant golf club’s business from the Dong Life Leisure Industry Co., Ltd. (hereinafter “Dong Life Leisure Industry”) with respect to each of the instant golf clubs, has the duty to implement the procedures for the registration of the members of the instant golf club with respect to each of the instant golf clubs and to issue its membership cards, barring any special circumstances, and (2) determined that each of the instant golf clubs, which was possessed or held by the said Plaintiffs by the final judgment, is obligated to issue its membership cards.