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(영문) 서울중앙지방법원 2016.12.14 2016가합7352
청구이의
Text

1. The defendant's claim against the plaintiff is based on the Seoul Central District Court Decision 2008Gahap47843 decided July 17, 2008.

Reasons

1. Basic facts

A. The Defendant’s purchase of golf club membership rights and payment thereof 1) C (hereinafter “C”)

(D) The term “D” (hereinafter referred to as “D”) is the instant golf course.

(2) On October 25, 2007, the Defendant paid C the total acquisition tax of KRW 242,729,690 (= KRW 50,000,000) on May 23, 2007, the intermediate payment of KRW 187,50,000, and KRW 242,729,690 (= KRW 50,000,000) on October 25, 2007 pursuant to the above sales contract.

B. The Plaintiff’s confirmation document No. 1) The instant golf course did not run as scheduled, and the Defendant requested C and the Plaintiff to return the membership fee of the instant golf course around December 12, 2007. (2) On January 29, 2008, the Plaintiff, the representative director of C, as the Plaintiff, made a written confirmation to the Defendant that “The Plaintiff would return the membership fee and acquisition tax of the instant golf course to the Defendant (hereinafter “instant confirmation document”).”

C. On May 20, 2008, the Defendant filed a lawsuit against the Plaintiff for the payment of KRW 242,729,690 as Seoul Central District Court Decision 2008Gahap47843, and damages for delay thereof. (2) The above court rendered a judgment in favor of the Defendant on July 17, 2008 that “the Plaintiff shall pay to the Defendant 242,729,690 won and 20% interest per annum from June 3, 2008 to the day of full payment” (hereinafter “the preceding judgment”).

3) The judgment of the instant case became final and conclusive on August 8, 2008. D. (1) On March 26, 2015, the creditors of C, filed an application for commencing rehabilitation procedures with respect to C on March 26, 2015, Seoul Central District Court 2015 Gohap10067, and the said court rendered rehabilitation procedures following the decision to commence rehabilitation procedures with respect to C on April 20, 2015.

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