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(영문) 서울남부지방법원 2016.12.15 2016가합2759
부당이득금
Text

1. As to KRW 518,586,120 among the Plaintiff and KRW 500,00,000, the Defendant shall pay to the Plaintiff KRW 518,586,120 from October 18, 2016 to December 15, 2016.

Reasons

1. Basic facts

(a) Conclusion of an agreement on the use of golf courses. Article 1 (Conditions)

1. Gap (the defendant, the hereinafter the same shall apply) shall ensure that Eul (the plaintiff, the hereinafter the same shall apply) (the plaintiff, the hereinafter) has made every eight times a month of the weekend reservation of the instant golf course and nine times a month of the reservation during each week

2. When Eul uses the golf course in this case, a separate member shall be assigned to Eul and all users of the golf course shall be subject to 22,620 won (taxes) per capita.

(4) In the case of 5-person display criteria, and in the case of 5-person display, more than one person shall apply to non-member display volume.

3.A shall guarantee to B one member and four bearer cards.

4. Where Party A gets in excess of the frequency of coverage during the weekends and in the weekends, the volume per member shall be 22,620 won.

(3) A half of the members shall be non-member and shall be subject to the application of the green volume.

5.A shall give Party B priority of weekends and weekly reservations and shall ensure that Party B does not deviate from the time period during which Party B’s reservation is requested.

Article 3 (Entry Fee and Use Period) Membership fee is KRW 500 million, and the date of maturity return is five years in principle from the date of entry.

However, unless there is no particular declaration of intention not later than two months prior to the expiration date of the Agreement, this Agreement shall be automatically extended under the same conditions, and it may not be modified or withdrawn without mutual agreement between the parties.

On March 11, 2013, the Plaintiff entered into an agreement (hereinafter “instant agreement”) with the Defendant regarding the use of “Blubert consortium” (hereinafter “instant golf course”) located in 180, YU-ro 180, YU-dong, Gwangju-si, Gwangju-si, and paid 500 million won (hereinafter “instant membership fee”) to the Defendant around that time.

B. On February 13, 2015, the Defendant notified the non-registered members of the instant golf course, including the Plaintiff, of the fact that “from March 1, 2015 due to operational difficulties, the Defendant raised the usage fee of the said golf course from KRW 22,620 to KRW 5,000.”

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