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(영문) 서울고등법원 2015.11.06 2014나48561

해약환급금 반환

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff’s status as the parties is a company that provides soil services, etc. in the event of funeral by means of prepaid installment transactions as prescribed by Article 2 subparag. 4 of the Installment Transactions Act (hereinafter “Installment Transactions Act”). The Defendant is a mutual aid association established pursuant to Article 28 of the Installment Transactions Act.

B. On March 18, 2012, the Plaintiff entered into a mutual aid agreement of this case with the Defendant under Articles 27(1)4 and 27 of the Installment Transactions Act (Consumer Damage Compensation Insurance, etc.) (1) where a prepaid installment business operator files for registration pursuant to Article 18, the Plaintiff should enter into any of the following contracts (hereinafter “consumer Damage Compensation Insurance, etc.”) in order to compensate for the amount received in advance from consumers as the price for goods, etc. related to prepaid installment contracts (hereinafter “Advance payment”):

4. A mutual aid agreement with a mutual aid association established pursuant to Article 28, the Plaintiff’s mutual aid premium shall be paid to the Defendant pursuant to the mutual aid agreement, and if an accident, such as the Plaintiff’s closure of business, suspension of current account transactions, cancellation of registration, etc., occurs, the Defendant provided consumer damage compensation deduction to the Plaintiff’s members, but the Defendant entered into a mutual aid agreement with the purport that the Defendant would receive a security payment from the Plaintiff for the Defendant’s claim for reimbursement against the Plaintiff due to such mutual aid (hereinafter “instant mutual aid agreement”). Around that time, the Defendant paid the security payment to the Defendant (hereinafter “instant security payment”).

The main contents of the instant mutual aid agreement and the Defendant’s mutual aid regulations attached thereto (hereinafter “instant mutual aid regulations”) are as shown in the attached Form.

C. On September 21, 2012, the Defendant requested the Plaintiff to submit data related to the change of representative director, etc. in accordance with Article 24 of the Mutual Aid Regulations, but did not submit such data. On September 26, 2012, the Plaintiff pursuant to Article 24(2) and (3) of the said Mutual Aid Regulations.