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1. The Defendant (Counterclaim Plaintiff) paid KRW 56,289,306 to the Plaintiff (Counterclaim Defendant) and its related amount from September 11, 2015 to June 14, 2016.
Reasons
1. In fact, Vietnamesa Korea Co., Ltd. operated a mutual membership golf course (hereinafter “the following”) with a trade name, “VeneaCC,” which extends over the land, such as luminous 917-72, simulia 783-2, and simulasia 562, if composed of Kimcheon-si.
B. On May 29, 2014, IBS Korea Co., Ltd.: (a) lent the instant golf course site and buildings to Han Bank; (b) entrusted the instant golf course site and buildings to Han Bank; and (c) on May 29, 2014, IBS Co., Ltd. concluded a sales contract to sell the instant golf course site and buildings to the Defendant for KRW 1,410,000,000; and (c) completed the registration of ownership transfer on the Defendant’s future on May 30, 2014.
However, as the Vietnamesa Korea Co., Ltd did not deliver the instant golf course to the Defendant, the Defendant brought a case of building name No. 2014Gahap1402 against the Vietnamesa Korea Co., Ltd., which sought to transfer the instant golf course, and the Defendant won the case on June 26, 2015.
Meanwhile, the Plaintiff concluded a program management service contract with Vietnama Korea Co., Ltd. and performed the course management business of the instant golf course. However, as the Defendant won the registration of ownership transfer and won the instant golf course in the instant lawsuit for delivery of the golf course, the Plaintiff entered into a golf course management service contract with the Defendant on July 9, 2015 (hereinafter “instant service contract”).
The main contents of the terms of the instant service contract are as shown in attached Form 2.
B. On August 21, 2015, Vietnamesa Korea Co., Ltd. filed an application with the appellate court for the decision to suspend the compulsory execution of the judgment on the provisional execution sentence of the instant case, the Daegu District Court Kimcheon-ro 2014Gahap1402, which was rendered a decision to suspend the compulsory execution of the judgment on the provisional execution sentence of the instant case, and continued to possess and operate the instant golf course with the Plaintiff