2007-10-07 | 시권2007-115 | 2007약관1641 | 시정권고
Recommendations for Correction
City area 2007-115
207Terms and Conditions 1641
( state)Any case concerning terms and conditions of unfair contracts under juju jun jun Standard Terms and Conditions;
Written recommendations for correction (Meice).hwp
Written Recommendation on Correction (Pdf)
(State)Mice Marriage Information
The completion date of the representative director of the 401 old building in Gangnam-gu Seoul Metropolitan Government 567-21
With respect to the violation of the Act on the Regulation of Terms and Conditions (hereinafter referred to as the "Terms and Conditions Act"), it shall be recommended that the following corrective measures be taken in accordance with Article 17-2 (1) of the same Act:
Articles 12 (1) and 13 (2) and (3) of the standard terms and conditions used by the accused:
(4) The bottom shall be recommended to make a correction or search within 60 days from the date of receipt of such recommendation for correction.
1. A refund clause at the time of termination;
(1) Terms and conditions
Article 13 (Withdrawal of Fees for Marriage Information Service)
(1) If a contract is not registered as a member within one month from the date of the conclusion of the contract, or the membership fee is not paid in full, the contract may be cancelled on a first-month basis, and the fees charged in this case shall be paid accordingly. ② If a member activity is commenced thereafter, the expenses for the activities of the member shall be refunded (the details of the refund shall be referred to as the additional member guidance). ③ If a member is a member, the membership fees shall not be refunded. ④ If a member is a member, the membership fees shall not be refunded. ④ The membership fees shall be divided into membership fees, registration expenses, and activity expenses. ④ The membership fees and registration fees shall not be refunded at the time of termination of the contract, and the number of activities only x 1/n shall be refunded: Provided, That the refund shall be 48% (see the draft). (The members shall not make any refund) ＋ 16% (16%) and 310% (total) x 316%).
(b) Examination comments: Effective; and
-In light of the contents of the organization of a member of the marriage information service of the respondent, the expenses for the activities, which are direct costs for the use of the service between the members, and the expenses for registration, which are necessary to grant and maintain the membership when one member joins, are classified into the expenses for registration and membership, and the expenses for registration and membership are stipulated as an item that is excluded from the application of the calculation of the amount to be refunded at the time of early termination, and which
- Where a customer terminates a contract in the middle of a personal situation after the member's membership, the private company may set a certain penalty for each stage of providing mixed information service in order to prevent disputes over the amount of damages caused by the early termination, but the amount of such penalty shall be the loss suffered by the business operator due to the termination of the contract even
In other words, computer input fee, support fee, card fee, professional fee, and other fixed costs.
It is reasonable to determine the amount in consideration of the payment fees.
- Standard Terms and Conditions for Marriage Information Business (No. 10027) or Consumer Damage Compensation Regulations (No. 2006-36 of the Second Notice) provide that a refund shall be made after deducting 20% of the subscription fee at the time of withdrawal of consumer liability prior to the commencement of the service.
-In the name of the inquiree, data processing fees, carding fees, initial consultation expenses, maintenance expenses, marketing promotion expenses, and personal reference fees for granting membership status to members, etc., which have occurred directly in the early stage as well as in the name of the inquiree and registration fees.
It is alleged that it is reasonable to not return the extinguished security deposit at the time of its refund; but
- The membership fee claimed by the inquiree shall be the identity inquiry for granting membership.
In addition to direct expenses, such as expenses, computer registration fees, cards, counseling fees, etc., the company may conduct its business activities for its own business activities without relation to the granting of membership, such as its own personnel expenses, building expenses, marketing expenses, and other general expenses;
The cost to be paid is calculated as the membership fee or registration fee even if the party member selection such as the provision of professional beams during the actual contract period and the cost to be included in the cost to be paid for the service to the actual expiration of the contract period. This cost is also not clearly based on the grounds for the division of the membership fee and registration fee or the reasonable ground for the separation of the registration fee.
- In addition, if a business operator acquires a customer's personal information at the time of membership and imposes all the expenses incurred in registering and maintaining this on the customer, the customer's personal information is an asset necessary for the business operator to provide marriage information
Considering that there is value, it is not reasonable to consider that it is not reasonable.
- Therefore, the purpose of a marriage information service contract is to provide practical marriage information service such as introducing a certain number of times for marriage, etc., which is equivalent to 64% of the total amount of membership fees and registration fees at the stage prior to the provision of marriage information service. With the exception of this, the difference refund is considerably more than the standard terms and conditions, consumer damage compensation regulations, and breach rate (10% of the total contract amount) in general transaction practices (in the event that a marriage information service contract is terminated without the use of the service, 64% is deducted).
- Also, the phrase “unrepaid after the three-time hosting process” means that the business operator’s unjust enrichment is made against the portion of the business operator’s failure to provide the service, regardless of the frequency of the contract during the contract period, for the reason that the number of good offices in Yong-Nam equivalent to the price for the use of the service is the content of the main performance of the contract.
-In light of the content above, if the membership fee and registration fee are considered to be direct extinction cost for granting membership, not only an excessive amount of the total subscription fee, but also a considerably reduced or decreased rate of the activity cost related to the actual use of the service cost, or a less amount of the refund to a member when the member terminates the contract halfway, so that the total deduction rate is increased accordingly.
Article 8 of the Terms and Conditions Act, which imposes unfair excessive liability on the customer, is applicable to the terms and conditions that make it impossible to refund after three not less than times regardless of the frequency of the contract. In the case of a customer who unfairly waives the customer's right to restitution due to the termination of the contract, Article 9 subparagraph 3 of the Terms and Conditions Act is applicable.
2. A clause on termination of a contract and a clause on refund in the case of a teaching system.
(1) Terms and conditions
Article 7 (Period of Retention of Members) (2) If the period of the main sentence of paragraph (1) expires without providing services to any member responsible for the company, the member may request the company to extend the period of holding the original qualification to the company for the corresponding period and to implement the rest of introduction.
Article 12 (Termination of the Contract) ① Termination of the Contract shall be as follows: 1. Termination of the Contract by the Parties 2.00 Members and 3.Membership between Members (the members in this paragraph shall include marriage members of the Company, events or waves, group hosting participants and marriage members exclusive use of marriage members, club hostings, events, and 4.0 Members' death, company bankruptcy, or other purposes of the contract.
(5) Where the term of membership is extended pursuant to Article 7 (2) or a contract is terminated due to any cause referred to in Article 12 (1) 2 and 3, the remaining activity expenses shall not be refunded.
(b) Examination comments: Effective; and
-A member contract for marriage information service is a continuous contract, the main content of which is to introduce (titled) the optimal spouse (the other member) to the members to the extent agreed during the contract period, using the respondent's member data, and to provide the services in good faith through the Mannam Line in fact to the members of the member.
- If such continued contractual relationship is terminated, the purpose of the contract should no longer be achieved, or the termination of the contract between the parties or the provision of the principal performance of the contract should be achieved upon the completion of the contract.
-The term "inter-member teaching system", one of the grounds for termination of the above contract, has entered the teaching system between members as the principal of the respondent, but has entered the teaching system after the teaching system.
It cannot be said that the purpose of the contract can not be achieved on the sole basis of this reason.
- Therefore, if there remains the obligation to provide additional benefits during the contract period, it cannot be said that the performance has been fulfilled before the payment has been completed, and the reason for termination of the contract is a clause that makes it possible for the project operator to unilaterally suspend the performance without substantial reason, which falls under Article 10 subparagraph 2 of the Terms and Conditions Act.
- In addition, if the contract is terminated in the middle of a continuous contract, it is common to return it if it is not performed in the middle of a continuous contract, and it is reasonable to refund it if the marriage between members is not done during the contract period after the teaching system.
- The respondent asserts that this provision was established because the member mets the counter party for mind and requests the refund of termination after holding a teaching system. However, the “inter-member teaching system” cannot be said to be a justifiable reason to avoid refunding the remaining services even if the member terminates in the middle of this contract, unless the “inter-member teaching system” is a ground for termination of the contract due to the achievement of the purpose of this contract.
- Therefore, the fact that the remaining activity expenses after the teaching system are not refunded is a provision that unreasonably reduces the business operator's duty to restore due to the termination of the contract (duty to liquidate) and falls under Article 9 subparagraph 4 of the Terms and Conditions Act.
§ 8, Article 9 subparagraphs 3 and 4 of the Act, Article 10 subparagraph 2 of the Act