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(영문) 서울중앙지방법원 2018.11.27 2018나13386
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff regarding the subsequent payment order shall be revoked.

The defendant.

Reasons

1. The fact of recognition is a company that operates a mutual golf course (former name: E; hereinafter “instant golf course”) with the trade name “D” located in Gyeonggi-gun C.

On March 28, 2007, the Plaintiff acquired a bearer golf membership (number G: hereinafter “instant membership”) for the instant golf course from F, and thereafter, the Plaintiff was issued by the Defendant with the following certificates with the Defendant’s seal affixed (hereinafter “instant certificate”).

D The provisions regarding reservation of the instant golf course are as follows.

During the period of receipt of reservations: At the same time from the Triday to the Triday on the Triday of three weeks: At the same time on the Triday of three weeks, the remainder hours after allocating the reservation for the remaining hours of Sms notice at 17:00,000, the user fees of the instant golf course that may real time after 17:00,000, the weekend (criday, holidays), 245,00,000, out of the week for each person, on the day of receipt of notice of the method of receipt to the Internet by no later than 9-14,000,000.

The Plaintiff used the instant golf course in good faith after the acquisition of the instant membership. Since 2016, the Plaintiff failed to allocate a reservation or refused the Plaintiff’s application for reservation during the date and time of the application for reservation.

On September 6, 2016, the Plaintiff sent to the Defendant a content-certified mail stating that “4 times every week, every eight times every week, and every eight times each week, shall not be ensured. The Plaintiff shall thoroughly manage and guarantee the right according to the agreement.”

On December 28, 2016, the Plaintiff sent to the Defendant a content-certified mail stating that “The failure to perform the contract continues despite the notification of the certification of the contents in question. The Plaintiff immediately demanded the return of the security deposit, and the Plaintiff’s failure to perform the contract would result in the Plaintiff’s failure to perform the contract.”

On or around March 8, 2017 and August 23, 2017, the Plaintiff is refusing to make a promise to the Defendant at a time.

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