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(영문) 서울중앙지방법원 2016.05.11 2015가합564216
입회금 반환 청구
Text

The defendant's KRW 350,000,000 and its annual interest rate shall be 6% from August 25, 2015 to October 23, 2015 to the plaintiff.

Reasons

Facts of recognition

Defendant is E.

On August 2009, the string golf club is operated, and urban cities and people (the changed trade name: Dan&S Co., Ltd.; hereinafter referred to as “urban parties”) joined the said golf club as a member.

On August 10, 2009, an urban and natural person receives a loan of KRW 500 million from the Plaintiff at the rate of 10.5% per annum and on August 10, 2010, which is owned by the Plaintiff to secure the following obligations:

Golf club membership (member number E7012504, membership fee of 350,000,000, membership fee of 650,000, city and person with a name of a member, and hereinafter “instant golf membership”) entered into a contract to establish a pledge within the limit of 650,000,000 won, and on the same day, the defendant accepted the establishment of the said pledge with a certificate with a certified fixed date.

(hereinafter “instant pledge”). The following obligations owed to the Plaintiff by the city and the person are currently and in the future:

(a) All obligations arising from bill loans, deed loans, discount of notes, payment guarantee, sales bond transactions, credit guarantee transactions, and any other credit transactions;

B. Guarantee liability for the above transaction with the creditor and the third party

C. On December 22, 2011, a creditor entered into an all-inclusive guarantee agreement with the Plaintiff, with the content that he/she guarantees the above loans within the limit of 4.2 billion won, with the interest rate of KRW 3 billion per annum, interest rate of KRW 11% per annum, overdue interest rate of KRW 25% per annum, and the due date of payment of KRW 22, 2015 (the due date of payment was extended to April 22, 2015). On the same day, the urban and the same day agreed between the Plaintiff and the Plaintiff to guarantee the above loans within the limit of KRW 4.2 billion.

Nogable Sable did not repay the loan by April 22, 2015, which is due date, and the sum of the principal and interest of the loan is KRW 3,389,985,404 as of October 8, 2015.

(hereinafter “instant loan claim”). The Plaintiff on August 21, 2015.

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