결혼정보회원가입금액반환등
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
1. Facts of recognition;
A. The defendant is a company whose business purpose is the marriage brokerage business (mediation, intermediary, etc.) such as inter-sex mediation for marriage.
B. On September 5, 2014, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant designating “three million won for membership” as “three times for membership” and “three million won for membership membership” and paid three million won for the Defendant.
C. Around September 21, 2014 and October 2, 2014, the Plaintiff expressed his/her intent to withdraw a member of the Defendant Company by introducing the Defendant Company once each time, and around October 27, 2014, the Plaintiff expressed his/her intention to withdraw from the Defendant Company.
The terms and conditions of the contract of this case refer to the arrangement of a company between its members for the purpose of seeking a marriage counter-party, and the term "inter-party system" refers to the continued interview between its members on at least two occasions with the introduction by the company.
(Article 2(2) and (3) of the Terms and Conditions. In addition, the said Terms and Conditions provide that when the termination is made after the passage of a member without a company's responsibility, the amount equivalent to "80% of the subscription fee x (the total frequency / the total frequency)" shall be refunded.
(Article 11(2)2 of the Terms and Conditions / [Grounds for Recognition] Gap's 1, 2, Eul's 2 and 4, and the purport of the whole pleadings
2. Determination
A. 1) The Plaintiff asserts that the instant contract was rescinded on the ground of the Defendant’s nonperformance, such as the Defendant’s bad faith, and that the Defendant returned the total amount of KRW 3 million to the Defendant, and that the Plaintiff should compensate for damages of KRW 8,40,000,00,000, such as the cost incurred by the Plaintiff in the course of delivery with women arranged by the Defendant. However, in light of this point, the Plaintiff also recognized the fact that two women were married by the Defendant’s introduction. In addition, it is difficult to deem that the Defendant neglected his duty to act in good faith, and the Defendant’s act acting in good faith for South Korea violated the terms of the initial contract.