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(영문) 서울북부지방법원 2018.11.01 2016가단139893

손해배상(기)

Text

1. The primary defendant is the plaintiff A, B, C, E, F, G, H, L, M,O, Q, U,V, W, and X respectively, the plaintiff D, J, K, K, N, P.

Reasons

1. Facts of recognition;

A. AC is a company established for the purpose of funeral assistance, etc., and the preliminary defendant AA (hereinafter “Defendant AA”) is a representative director of the above company, and the preliminary defendant AB (hereinafter “Defendant A”) is a person who has served as a director of the above company, and the preliminary defendant AB (hereinafter “Defendant AB”) is a person who operates the AEart in Gangnam-gu Seoul Metropolitan Government (hereinafter “Defendant AB”).

B. On October 4, 2013, the Plaintiffs received introduction from the Defendant Z, etc. of the first superior goods of AC from the Defendant Z, etc., around September 2013 operated by Defendant AB, concluded each mutual agreement on the goods of “AF” causing 90,000 won advance payment (hereinafter “each of the instant mutual agreements”) between the said company and the first one through six units, and then paid in cash between October 8, 2013 and October 21, 2018, each of the instant mutual agreements on the goods of “AF” (hereinafter “each of the instant mutual agreements”). The amount of each Plaintiff’s total payment is as indicated in paragraph (1) of the order.

C. Each of the instant mutual agreement is stipulated on the cancellation refund at the time of termination and termination of a regular prepaid installment contract as follows, but there is no provision on the cancellation refund on an irregular prepaid installment contract.

Article 14 (Termination of Contract and Refund for Cancellation) (1) If a member has no intention to use a mutual aid service, the contract may be terminated.

(2) Where the circumstances of a member have been terminated, the company shall refund refund money for cancellation under the method deducting recruitment allowances, other management expenses, etc. from the payment made by the member, to the member within ten days from the date of application by the member.

(5) Where refund money for cancellation is not paid within ten days even after a member's application is made, 24 percent per annum shall be paid.

(7) Where a company fails to perform its duty to provide services due to any reason attributable to it, a member may terminate the contract or claim compensation for damage.

AG.