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1. The Defendant’s damages claim against the Plaintiff on July 3, 2019 against the Seoul Central District Court.
Reasons
1. Basic facts
A. The Plaintiff is a person working for a D Co., Ltd. (hereinafter referred to as “foreign Co., Ltd.”) to operate a golf club easily and to provide a reservation agency for a golf course. The Defendant is a person who entered into a golf membership agreement with a non-party company through the Plaintiff.
B. On May 25, 2018, the Defendant entered into a membership agreement with the Nonparty Company to enter into a golf member agreement (hereinafter “instant membership agreement”) with the Nonparty Company, and paid KRW 50,000,000 to the Nonparty Company on the same day.
C. The Defendant filed an application with the Seoul Central District Court for the payment of KRW 50,000,000 and damages for delay on July 3, 2019 with respect to the Plaintiff and E as the Seoul Central District Court No. 2019 tea30354, and the Plaintiff and E were to pay KRW 12% per annum from the day following the delivery date of the original copy of the instant payment order to the day of full payment (hereinafter “instant payment order”). The payment order was issued after the issuance of the payment order (hereinafter “instant payment order”) to the effect that: (a) the Plaintiff and E were to receive KRW 50,00,000 from the Defendant to the date of the original delivery of the instant payment order without any intent or ability to return membership rights or to provide security corresponding to the security deposit; and (b) the above payment order became final and conclusive.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The defendant's judgment on the defendant's main defense is not a judgment under Article 44 (1) of the Civil Execution Act, and the payment order of this case is not a subject of lawsuit, and the ground for objection asserted by the plaintiff is not a ground arising after the closing of argument, and the lawsuit of this case is unlawful as there is no benefit of protection of rights.
A final payment order shall be made pursuant to Article 474 of the Civil Procedure Act.