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(영문) 대구지방법원김천지원 2015.08.28 2015가합406
회원보증금
Text

1. The Defendant shall pay 260,000,000 won to the Plaintiff and 20% per annum from May 5, 2015 to the day of complete payment.

Reasons

1. Indication of claim;

A. On November 25, 2009 and December 10, 2009, the Plaintiff entered into an agreement with the Defendant to participate in the membership of the Alley members as to the “Stwelle” after five years from the opening date of the request for the return of the membership fee. At that time, the Plaintiff paid KRW 260,000,000 to the Defendant each of the above membership fee.

B. The above golf course was opened on June 21, 2009, and the Plaintiff filed a claim with the Defendant for the return of KRW 260,000,000, around June 201, 2014, five years after the opening date of the above golf course.

C. Meanwhile, on November 24, 2014, the Defendant was decided to commence rehabilitation procedures (Tgu District Court 2014 Gohap119), but was decided to abolish the rehabilitation plan before the order to submit the rehabilitation plan was issued on April 8, 2015.

Therefore, the defendant is obligated to pay to the plaintiff the above 260,000,000 won and damages for delay at the rate of 20% per annum from the day after the original copy of the payment order of this case is served to the day of complete payment.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on whether to be deemed as a foreigner);

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