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1. Items 1 and 2 of the judgment of the court of first instance, including the plaintiff's claim expanded at the trial court, are as follows.
Reasons
1. Basic facts
A. The Defendant entered into a membership agreement with C Co., Ltd. (hereinafter “C”) and was a member who has used a golf practice range, strike 3 golf course, indoor swimming pool, etc. (hereinafter “instant golf practice range, etc.”) located in the wife population D at the time of permission, and the Plaintiff is running the same business as C at the time of voluntary auction procedure by winning the said golf practice range, etc.
B. The Defendant asserted that the Plaintiff succeeded to the membership contract with C, and sought the return of the membership fee against the Plaintiff, and the Suwon District Court 201Gahap26301 (hereinafter “the first instance judgment of this case”). The said court rendered a judgment on June 13, 2013 that “the Plaintiff shall pay to the Defendant the amount calculated by the rate of 20% per annum from January 17, 2012 to the date of complete payment”.
C. The Plaintiff filed an appeal against the judgment of the first instance. On February 6, 2014, the Seoul High Court, the appellate court, rendered a judgment ordering that “The Plaintiff shall pay to the Defendant 24,958,904 won and the interest calculated at the rate of 5% per annum from March 13, 2012 to February 6, 2014, and 20% per annum from the next day to the date of full payment, and the part against the Plaintiff in excess of the above money shall be revoked.”
(Seoul High Court Decision 2013Na45480 decided February 6, 2014, hereinafter "the appellate court of this case"). D.
The defendant filed an appeal against the above appellate judgment, but the Supreme Court dismissed the defendant's above appeal on August 28, 2014.
E. Meanwhile, on October 11, 2013, the Plaintiff deposited KRW 40,405,479 with the Defendant as the principal deposit (hereinafter “instant deposit”) in accordance with the first instance judgment, and the Defendant paid the full amount of the said deposit on November 6, 2013.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination as to the cause of action
A. On March 201, 2013, the Defendant asserted that the instant deposit was withdrawn by the Plaintiff.