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(영문) 서울동부지방법원 2017.06.08 2016가합107491
부가금
Text

1. The Defendant shall pay to the Plaintiff KRW 372,255,452 and the interest rate of KRW 15% per annum from September 6, 2016 to the date of complete payment.

Reasons

Basic Facts

The plaintiff is a juristic person established pursuant to the National Sports Promotion Act for the purpose of promoting the creation, operation, and management of the National Sports Promotion Fund and projects incidental thereto, and the defendant is a company that operates the Bupyeong TPC consortium at the seat of its head office.

In order to create the National Sports Fund around December 2014 and around December 2015, the Plaintiff obtained approval from the Minister of Culture, Sports and Tourism to collect part of the admission fees for golf courses nationwide from the Minister of Culture, Sports and Tourism as additional charges.

A decision on additional dues: ① admission fees other than additional dues are at least 10,000 won but less than 20,000 won, ② At least 20,000 won but less than 30,000 won, ③ at least 30,000 won but less than 40,000 won, ③ at least 2,500 won, ④ at least 40,000 won but below less than 50,000 won, ⑤ at least 2,500 won, and at least 50,000 won, the operator of a golf course with the 3,000 won membership shall pay the amount received each month to the Plaintiff along with the interest received by the 10th of the following month, and a collection fee equivalent to at least 4.95% of the additional dues if paid within the payment deadline.

When the payment is delayed, the amount calculated by the respective ratio of 10% per annum from 1 to 30 days, 20% per annum from 31 to 60 days, and 30% per annum from 61 days, shall be deducted from the collection fees to be refunded by the operator of the membership golf course.

From May 2015 to July 2016, the amount that the Defendant is obligated to pay to the Plaintiff according to the foregoing guidelines is KRW 372,255,452 as shown in the attached Table.

[Ground of recognition] In full view of the facts without dispute, Gap evidence 1 (including a provisional number; hereinafter the same shall apply) to Gap evidence 3, and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff the remaining additional dues of KRW 372,255,452 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from September 6, 2016 to the day of full payment after the delivery of a copy of the complaint of this case.

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