logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.09.07 2016가합12256
청구이의
Text

1. On June 8, 2010, Jeju District Court Decision 2010Kahap701, against the Defendant’s Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company running a golf course construction and operation business, and the plaintiff was a member of the golf course operated by the defendant.

The defendant (the plaintiff of this case) shall pay to the plaintiff (the plaintiff of this case) KRW 50 million until July 31, 2010, KRW 50 million until August 31, 2010, KRW 50 million until August 31, 2010, and KRW 50 million until September 30, 2010, respectively.

(hereinafter referred to as “the instant membership fee refund claim.” If the Defendant fails to pay each of the above amounts by the above payment date, he/she shall lose the benefit of the time, and shall pay the unpaid amount and the interest at the rate of 20% per annum from the day following the date of delay to the date of full payment.

The defendant recognizes the plaintiff as the regular members of the defendant golf club by September 30, 2010.

The plaintiff waives the remainder of the claim.

Costs of lawsuit shall be borne individually by each person.

B. Around March 26, 2010, the Defendant filed a lawsuit seeking the return of membership fees with Jeju District Court 2010Kahap701. On June 8, 2010, the Jeju District Court rendered a ruling of recommending reconciliation (hereinafter “the instant ruling of recommending reconciliation”) with the following contents, and became final and conclusive around that time.

C. On October 15, 2010, the Plaintiff filed an application for commencement of rehabilitation procedures with Jeju District Court 2010 Joints. On November 3, 2010, the decision of commencement of rehabilitation procedures with respect to the Plaintiff was rendered.

On December 6, 2010, the Defendant reported the Plaintiff’s right to refund the instant membership fee as a rehabilitation claim in the rehabilitation procedure.

Since then, the rehabilitation procedure was normally implemented and the plaintiff was decided to authorize the rehabilitation plan on April 27, 2012, and the rehabilitation procedure was completed on May 6, 2016 on the grounds that the rehabilitation plan was faithfully implemented.

The principal and interest to be repaid in the relevant year according to the rehabilitation plan which is due date under the approved rehabilitation plan shall be repaid on December 30 of the relevant year (Provided, That where the date is a holiday of a financial institution, the immediately preceding business day).

Rehabilitation Claim and Golf Membership Membership's Deposit (1) Principal and interest prior to commencement.

arrow