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(영문) 서울서부지방법원 2018.12.20 2018가합30917

계약해지통보 무효확인 등

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1. The part concerning the claim for nullification of the instant lawsuit is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

Basic Facts

The plaintiff, such as the status of a party, is a company established on November 9, 2006 for the purpose of running funeral transportation business, funeral operation business, etc., and a company engaged in the supply of goods, etc. under prepaid installment contracts as prescribed by the Installment Transactions Act (hereinafter referred to as the "Installment Transactions Act").

The Plaintiff has operated a business using services, etc. to withdraw various funds to be received by a financial company, such as a bank and a financial investment company, from a large number of customer accounts, i.e., a user institution to a designated account, or to deposit money to a designated account by a user institution, or to deposit money to a large number of customer accounts by withdrawing various funds to be received from a designated account of a user institution.

The defendant is a consumer damage compensation organization established with authorization from the Fair Trade Commission (hereinafter referred to as the "Fair Trade Commission") pursuant to Article 28 of the Installment Transactions Act for the purpose of the mutual aid project for consumer damage compensation.

C Co., Ltd. (hereinafter referred to as “C”) is a company established on April 25, 2001 for the purpose of the business of funeral arrangement, funeral assistance, tourism arrangement, etc., and D Co., Ltd. (hereinafter referred to as “D”) is a company established on February 19, 201 for the purpose of the business of general travel and travel arrangement, funeral arrangement, etc., and C and D’s representative director are F.

With respect to the Mapo-gu Seoul Metropolitan Government G Apartment H (hereinafter “instant apartment”), around 2007, F acquired its ownership, and around April 26, 2016, F created the right to collateral security with the maximum debt amount of KRW 1,029,600,000 and the maximum debt amount of KRW 230,100,000 with the Korea Credit Guarantee Fund as well as the right to collateral security with the maximum debt amount of KRW 230,000,000 with the Korea Credit Guarantee Fund on November 11, 2016.

On May 23, 2016, the Plaintiff, including the Plaintiff and the Defendant’s mutual aid contract in the year 2016, is subject to Article 27 of the Installment Transactions Act.