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(영문) 의정부지방법원고양지원 2017.08.10 2016가단89192
손해배상(기)
Text

1. The Defendant’s KRW 40,500,000 as well as the annual rate of KRW 5% from September 28, 2016 to November 9, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On December 2, 2011, Non-Party B was sentenced to the judgment of the High Court of the Kuyang Branch on the purport that “C shall pay 100,000,000 won and damages for delay to each party D and B,” and the above judgment became final and conclusive as it is.

[This Court's High Court's High Court's High Court's High Court's 201 Gohap467, 201 Gohap7321(Counterclaim)]

B On December 16, 2011, based on the executory exemplification of the above judgment rendered by the High Government District Court Decision 2011TTT 18393 (hereinafter “the above judgment”), C was issued a seizure and collection order of the claim equivalent to the amount until C reaches the amount of KRW 136,893,150 out of the membership deposit (deposit) claim for the refund of the transfer and leisure Co., Ltd. (hereinafter “the transfer and leisure”), and the above decision was served on the transfer and leisure on December 21, 2011.

(A) On February 15, 2012, the original copy of the above decision was served to C.

On December 29, 2011, the Plaintiff acquired all golf clubs operated by Esan Leisure from 300 to 300 golf course facilities, etc., and acquired all of the rights and obligations related to the operation rights and golf course membership together.

On the other hand, on March 27, 2012, the Defendant, the grandchildren of C, filed an application for conversion of four of the above membership cards issued by E, F, G, and H under the name of the Defendant on October 19, 2010, and four of the deposit certificates issued by E, G, and H (30,000 won each), four of the deposit certificates of membership on the same day (30,000 won each), and four copies of the membership certificates concluded between E,00,000 and the Defendant on October 20, 2010, and filed an application for conversion of four of the above membership certificates issued by the Defendant under the name of the Defendant himself, D, I, and J (son-dong). The Plaintiff issued each four membership certificates on the same day.

E. On April 9, 2012, after the tenth day from the Defendant, D, I, and J requested the Plaintiff to refund the security deposit (each of KRW 30,000,000) upon applying for membership withdrawal from the Plaintiff. On the same day, the Plaintiff returned the full amount of the security deposit to the Defendant and the third party on the same day.

(f) B shall be the District Court on July 23, 2014.

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