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(영문) 서울동부지방법원 2015.03.24 2014가합112024
부가금
Text

1. The Defendant shall pay to the Plaintiff KRW 146,826,312 as well as 20% per annum from January 14, 2015 to the day of full payment.

Reasons

1. Indication of claim;

A. The Plaintiff, a juristic person established pursuant to Article 36 of the National Sports Promotion Act, may collect surcharges for admission fees to golf course facilities from the operators of golf course facilities with the approval of the Minister of Culture, Sports and Tourism, as a management agency of the National Sports Promotion Fund pursuant to Articles 19, 20(1)3 and 23 of the same Act.

B. On January 21, 2014, the Plaintiff obtained approval from the Minister of Culture, Sports and Tourism with respect to surcharges to be collected during the period from February 1, 2014 to December 31, 2014, and the details are as follows.

(1) Persons subject to collection of surcharges shall be those who bear admission fees to use the facilities of membership golf clubs nationwide.

(2) The amount of surcharges shall be KRW 1,000, KRW 20,000, KRW 20,000, or below KRW 30,000, or KRW 1,500, or KRW 30,000 if the amount of surcharges is at least 30,000, or below 40,000, or KRW 2,500, or more than 40,000 if the amount of surcharges is at least 40,000, but less than 50,000, based on admission fees, excluding surcharges, if the amount of surcharges is at least 2,50,500, or KRW 50,000.

(3) The operator of a golf course facility shall pay surcharges received from the golf course users each month by the 10th of the following month, along with interest accruing therefrom.

(4) If the surcharge is paid within the payment period, the surcharge for collection multiplied by 4.95% for the surcharge collected shall be deducted from the surcharge payable. If the surcharge is delayed in the payment of the surcharge, the surcharge shall be reduced by 10% for the period from 1 to 30% for the date of delay, 20% for the period from 31 to 60%, and 30% for the period from 61 days to 61 days.

C. The Defendant operates a membership golf course in the area of “Manuri New Daily,” located in the area of 74-ro 5-gil, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do. From February 2014 to November 2014, the Defendant was a total of KRW 152,34,500 for surcharges incurred while operating the above golf course. The Defendant delayed the payment of the surcharges to the Plaintiff up to the day.

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