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1. The Defendant shall pay the Plaintiff KRW 70,000,000 and the interest rate of KRW 20% per annum from January 31, 2012 to the date of full payment.
Reasons
1. Basic facts
A. E Co., Ltd. (hereinafter “E”) created “G golf clubs” and “H golf clubs” on the land and its surrounding areas in the original city of the original city of the Republic of Korea, thereby running the sports facility business. On February 7, 1990, the E Co., Ltd. (hereinafter “E”) started construction work around December 195 after obtaining approval of the business plan therefor from the Governor of Gangwon-do on February 7, 1990.
B. When the construction of the above golf club was developed to some extent, E filed a membership recruitment report with the Gangwon-do Governor of Gangwon-do on January 1, 1998 for each golf club's membership recruitment period from February 2, 1998 to February 28, 1998, and as a result, upon receipt of an application for membership recruitment, it reported that 30 members with respect to the above golf club (the title after it was changed to "I golf club", "DDD club"; hereinafter "the instant golf club") were changed to 30 members with respect to the above golf club (the title after it was changed to "J golf club" and "DDD clubⅡ"; hereinafter "DDD clubⅡ"), and around March 23, 1998, the H golf club was changed to 30 members with respect to each Gangwon-do.
C. After that, as shown in attached Form 2-2, E reported that 50 members are recruited each of the golf clubs of this case (in the case of 30 individuals, 20 corporations, 137 million won per person), 40 members with respect to J golf clubs (in the case of individuals, 117 million won per person), and the recruitment period of the second membership from April 20, 1998 to June 9, 1998.
E does not facilitate the second invitation of members, and it is difficult to pay the construction price to the construction cost creditors because it is difficult to raise funds due to the refusal of the payment of the bill on April 28, 1998. By May 15, 1998, E notarized a promissory note equivalent to the total face value of 25,356,55,000 won for payment upon receiving a report from creditors until May 15, 1998.