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(영문) 수원지방법원 2015.07.17 2014나39722

해약환급금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 30, 2004, the Plaintiff subscribed to a mutual aid agreement (hereinafter “instant mutual aid agreement”) with Korea Light Light Light Co., Ltd. (hereinafter “Korea Light Light”) for KRW 30,00 per month membership fee, KRW 60 per total number of payments, KRW 1,800 per subscription amount, and KRW 1,000,000.

The contents pertaining to the cancellation and cancellation refund of a contract among the instant mutual aid agreements are as follows. The Plaintiff’s cancellation refund under the standard terms and conditions of the instant mutual aid agreement is KRW 1,530,000.

Article 15 (Termination of Contract and Refund for Cancellation) (1) A member may terminate the contract where he/she does not have an intention to use the mutual aid service.

(2) Where the circumstances of a member have been terminated, the company shall refund refund money for cancellation after 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.

B. The Plaintiff paid the monthly membership fee from September 30, 2004 to February 9, 2010.

C. Around May 2013, the Plaintiff sent the documents for filing an application for termination of the instant light agreement, and the same year.

7.17.17. The same year

9. 25. 25. The request was made to pay the cancellation refund upon filing an application for the termination of the instant mutual aid agreement by telephone.

On October 1, 2013, the Defendant entered into a transfer contract (hereinafter “instant underwriting contract”) under which the Defendant acquired “the product coordinate (computer) of all members holding Korea Light Lighting, the details of installment payments for each entire member, and the details of installment payments and deposits received from all members, etc.” from Korea Light Lighting (hereinafter “instant underwriting contract”).

The details related to events and refund for termination in the instant underwriting contract are as follows.

Article 8 [Liability for any event and Refund for Termination] 1) Liability for any event after transfer (limited to funeral, crowdfunding) service after transfer is taken over by underwriter (defendant; hereinafter the same shall apply).

2) If a member wishes to terminate a contract, he shall be liable for the termination and refund.