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(영문) 의정부지방법원 2016.09.08 2015가단31520
회원권 매매대금반환
Text

1. The Defendant shall implement the procedures for changing the name of golf clubs and membership in the annexed sheet to the Plaintiff.

2...

Reasons

1. Basic facts

A. On April 2014, the Defendant’s husband C demanded that the Plaintiff’s husband D change the name of the golf club membership in the name of the Plaintiff (hereinafter “instant membership”) in the name of the Defendant to secure the existing loan claim against D, and D, upon obtaining the Plaintiff’s consent, obtained the Plaintiff’s transfer of the instant membership in the name of the Plaintiff to the Defendant for KRW 150,000,000,000 in the name of the Plaintiff, and completed the procedures for changing the Plaintiff’s name.

B. Accordingly, the name of the instant membership was changed from the Plaintiff to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, 9, purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff’s membership agreement concerning the cause of the claim was concluded by the threat that D, the husband of the Plaintiff, would bring about an additional criminal issue with the Defendant’s husband in the absence of serious difficulties due to criminal investigation, prosecution, tax investigation, etc., and thus, the Plaintiff’s declaration of intention by coercion is revoked.

Therefore, the defendant is obligated to implement the procedure for changing the name of the membership of this case in the future of the plaintiff.

3. Determination

A. In full view of each statement of the following facts: (a) the lending of money and the change of the name of membership; (b) Nos. 2 and 3; and (c) Nos. 4-1 (the Plaintiff is a forged defense to the effect that the seal was stolen by recognizing the fact that the seal affixed on the borrowing certificate was affixed to D and E; (c) there is no evidence to acknowledge it; and (d) the Plaintiff’s assertion is not reasonable; (c) around June 22, 2009, C determined KRW 460,000 as interest per month by obtaining a loan of real estate owned by it as security; and (d) C demanded repayment of the principal and interest to D to secure the loan obligation; and (e) D demanded repayment of the principal and interest to D to be made on March 15, 2012.

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