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(영문) 서울중앙지방법원 2020.04.28 2019나54391

손해배상(기)

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On September 9, 2017, the Plaintiff entered into a membership contract (hereinafter “instant contract”) with the Defendant, who is engaged in the marriage brokerage business, etc. as a member of the Defendant as 4.4 million won. The major terms and conditions of the Defendant’s terms and conditions applicable to the instant contract are as follows.

Article 7 (Management of Members) (1) If a member enters into a contract with a company with a total frequency, the member shall have the total frequency of the contract at the introduction of the company for 12 months from the date of conclusion of the contract.

If a member enters into a fixed-term contract with a company without setting the number of companies, the member shall have the balance of the results without limiting the number of times for 12 months from the date of conclusion of the contract with the introduction of the company.

(2) Article 7 (1) of the Act provides that the total number of the subscription fees or the term of the contract shall be the basis for the refund of the subscription fees under Article 11.

Article 10 (Termination of Contracts) (1) The reasons for termination of the contract shall be as follows:

1. Termination of a contract by the party concerned;

2. Membership prescribed in Article 6, the lapse of the holding period, and the completion of the total frequency of completion (payment of subscription fees) (1) where a contract is terminated due to a reason attributable to the company, the following membership fees shall be refunded:

(The reason for the company's liability is corresponding to the criteria for the settlement of consumer disputes). 1. Where the company terminates after the contract to become a member, before the company commences a meeting arranged: 20% of the membership fee.

2. Where a contract is terminated after the passage of one time: (number of days) 20% (number of remaining days/total number) of the membership fee (number of remaining days/total number) membership fee; 20% of the membership fee (number of remaining days/total number of days) membership fee; 20% of the membership fee if the contract is terminated without any liability of the company, it shall be refunded as follows:

1. Where a contract for membership is terminated before the company commences the remaining after the contract for membership is concluded: 80% of the expenses for membership;

2. Where termination has occurred after the passage of one time: (Frequency) 80 per cent of the membership fee (number/total frequency), (number/total frequency), 80 per cent of the membership fee.