채무부존재확인
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff (Counterclaim defendant).
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Regarding ground of appeal No. 1
(a) "Recurring transaction" prescribed by the Door-to-Door Sales, etc. Act (hereinafter referred to as the "Door-to-Door Sales Act") means a transaction with an agreement on the restriction on the refund of the price or the penalty if the contract for the supply of goods, etc. is terminated in the middle of one month or more continuously or on an irregular basis (Article 2 subparagraph 10 of the same Act), and a consumer who has entered into a contract for recurring transactions, etc. with a recurring transaction business operator, etc. may terminate the contract at any time during the contract period, except as
(Article 31 of the same Act). (b)
On the grounds indicated in its reasoning, the lower court determined that, on March 11, 2014, the instant contract was lawfully terminated since the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) filed an application for the use of a golf course with the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) on the following grounds: (a) the Plaintiff entered into an association or purchased membership; (b) the period of use is five years; and (c) the instant contract constitutes a continuous transaction as prescribed by the Door-to-Door Sales Act; and (d) the Defendant may terminate the instant contract at any time during the contract period; (b) the instant contract constitutes a continuous transaction as prescribed by the Door-to-Door Sales Act; and therefore, (c) the Defendant may terminate the instant contract at any time during the contract period; and (d) the preparatory document dated March 11, 2014, including the Defendant’s expression of intent to terminate the instant contract, reached the Plaintiff on March 2
(hereinafter referred to as "the termination of this case").
The judgment below
Examining the reasoning in light of the relevant statutes and the evidence duly admitted, including the above provisions, the lower court.