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(영문) 서울남부지방법원 2015.11.17 2015가단222856
기타(금전)
Text

1. The Defendant: (a) 110,000,000 won to Plaintiff Credit Communications Co., Ltd.; and (b) 21, 2015 to Plaintiff A.

Reasons

1. In full view of the overall purport of the pleadings in the statement Nos. 1, 3, 4, 5, and 6 (including serial serial numbers) filed by the Plaintiff Credit Communications Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”), the Plaintiff acquired the Plaintiff’s real estate related to the said golf club by auction on August 9, 2001; the Defendant issued the Plaintiff’s new membership right to the said golf club to B, an existing member of the said golf club; the Plaintiff Co., Ltd. paid KRW 110,00,000 to B on November 1, 200, and received the Plaintiff Co., Ltd.’s membership right to the said golf club from the Plaintiff Co., Ltd. (hereinafter “Non-Party Co., Ltd.”); the Plaintiff Co., Ltd. transferred the Plaintiff’s membership right to the said golf club to the Defendant on the following day; and the Plaintiff Co., Ltd. changed the Plaintiff’s membership right from the said golf club’s name to the Plaintiff on May 20, 2002.

On the other hand, the Defendant is obligated to pay the Plaintiff Company the amount of KRW 110,00,000, and damages for delay calculated at the rate of 6% per annum under the Commercial Act from June 21, 2015 (the expiration of 10 days from June 10, 2015 when the Defendant was requested by the Plaintiff Company to return the membership fee pursuant to the Installation and Utilization of Sports Facilities Act) to July 17, 2015 (the day when the complaint of this case was served to the Defendant), and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day until the day of full payment (the day when the complaint of this case was served to the Defendant).

In this regard, the defendant issued new membership rights to the existing members B of the non-party company, and granted only golf club usage rights, and succeeded to the obligation to return the membership fees of the non-party company.

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