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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. As to each of the instant claims by the Plaintiff, the first instance court dismissed the primary claims, and accepted part of the conjunctive claims, “The Defendant shall pay to the Plaintiff 42,00,000 won with 5% interest per annum from June 30, 2012 to April 4, 2014, and 20% interest per annum from the next day to the day of full payment.”
Since only the defendant appealed against this, the object of this Court's adjudication is limited to the above part cited by the first instance court.
2. The reasoning of the court’s explanation as to this case is as follows: (a) the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, i.e., “1. basic facts” and “3. preliminary claims,” and (b) the reasoning of the judgment of the court of first instance is as follows.
3. As to the Defendant’s additional assertion, the Defendant asserts that the instant golf club membership certificates are within the authorized scope, and that the Plaintiff’s representative director I issued and issued membership cards without paying membership fees for the purpose of loan security, and if the loan is unable to be repaid by the maturity date, it can be converted to the members of the instant golf club. Thus, the Defendant’s issuance and delivery of membership cards to the instant golf club for the purpose of securing security is not unlawful.
According to the above facts and evidence Nos. 1-1 of the golf club of this case, Article 7 (1) of the golf club of this case provides that "the qualification of the member of this case shall take effect from the time when the business operator is issued a membership certificate after undergoing the qualification examination for the member prescribed by the golf club of this case and completing the full payment of the membership fee." The above golf club does not provide for "the procedure to recognize a person who is issued a membership certificate without paying the membership fee as a member of the golf club of this case."