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(영문) 서울중앙지방법원 2015.08.19 2015가합8860 (1)
판결금 등
Text

1. The Defendant’s KRW 500,000,000, and its annual rate from June 18, 2012 to July 6, 2012, and the Plaintiff.

Reasons

The summary of the instant case pertains to the Plaintiff seeking the payment of the principal and interest of the above winning final and conclusive judgment, the principal and interest of the litigation cost determined by the judgment, and the damages for delay, against the Defendant who succeeded to the rights and obligations arising from the registration and report of the sports facility business of A, including the matters agreed upon between B and its members, in accordance with Article 27 of the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”), and in the lawsuit seeking the full winning of the instant lawsuit seeking the return of the admission fee.

In fact, on April 27, 2011, the date of payment of the membership fee paid under an arrangement with the name of the contract (such as the conclusion of the membership agreement) on the date of entering into the membership agreement of the golf course, such as the premise, entered into the membership agreement on April 27, 201, the Plaintiff entered into a membership agreement of 190 million won on April 27, 201, and entered into a membership agreement of 170 million won on April 27, 2011, and entered into a membership agreement of 190 million won on August 24, 2011, the Plaintiff entered into a membership agreement of 190 million won on August 24, 201 with a special member of 500 million won on March 16, 201, and entered into a membership agreement of 190 million won on July 5, 201, with a special member of 1.5 billion won on each of the entry agreements (hereinafter referred to as 5 billion won on March 16, 201000 billion won.

On June 22, 2012, the Plaintiff filed a lawsuit claiming the return of membership fees (Seoul Central District Court Decision 2012Gahap52712) against IM.

In the above lawsuit, it is determined that the membership contract was terminated by the plaintiff's application for the withdrawal from the membership due to the plaintiff's non-performance of contractual obligation under the guarantee of golf course installation, based on the ratio of 50 million won to the amount paid to Eul as the reinstatement from June 18, 2012 to July 6, 2012, the delivery date of a copy of the complaint in the above case, 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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