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(영문) 서울동부지방법원 2016.06.22 2015가합103652
부가금
Text

1. The Defendant’s KRW 237,621,668 as well as the Plaintiff’s annual 5% from July 11, 2015 to June 22, 2016, and the following.

Reasons

Basic Facts

The Plaintiff as a party is a public corporation established pursuant to the National Sports Promotion Act for the creation, operation, and management of the National Sports Promotion Fund, and the Defendant operates the C golf course located in Pyeongtaek-gun B (hereinafter “instant golf course”).

Pursuant to the Framework Act on the Management of Charges and provisions related to the National Sports Promotion Act, the Plaintiff is subject to the collection of surcharges from the Minister of Culture, Sports and Tourism to the users of a membership golf course located across the country except Jeju-do. The Plaintiff has been subject to the collection of surcharges from the Minister of Culture, Sports and Tourism on December 2, 2007, with the exception of surcharges of KRW 10,000 to KRW 20,000, but less than KRW 30,000, but less than KRW 1,500, and KRW 30,000, but less than KRW 30,000, but less than KRW 40,000, but less than KRW 2,500, but less than KRW 50,000 and less than KRW 2,50,000, and the Plaintiff has been subject to the collection of surcharges from the Minister of Culture, Sports and Tourism on the basis of regular golf course (18), and the Defendant has been notified of the collection of surcharges and surcharges from the Plaintiff.

2. However, the Plaintiff instructed the Ministry of Culture, Sports and Tourism to suspend the collection of surcharges on admission fees to membership golf clubs at the end of December 2012, 2013, and notified the Defendant of this fact and did not collect surcharges in 2013.

However, it is pointed out that the failure to collect surcharges without the amendment of the laws and regulations is illegal as a result of the inspection of the National Assembly in 2013. The plaintiff was approved by the Minister of Culture, Sports and Tourism on January 21, 2014 to collect surcharges from golf course users as the previous contents of the Ordinance of the Ministry of Culture, Sports and Tourism, and all members golf course operators nationwide including the defendant are added to membership golf course in 2014.

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