계약금반환
1. The plaintiff's appeal is all dismissed.
2. The plaintiff's claim extended in the trial is dismissed.
2...
1. Basic facts
A. The designated parties E Co., Ltd. (hereinafter referred to as the “designated parties E”) is a company that engages in the marriage brokerage business for marriage purposes, such as arranging remaining letters for marriage, and the defendant (appointed parties) and the designated parties D are employees working for the designated parties.
B. On June 5, 2014, the Plaintiff entered into a contract (hereinafter “instant contract”) with a designated company to join as a member by stipulating “three times the frequency of the basic agreement, and two million won for membership” (hereinafter “the instant contract”), and approved two million won for membership by credit card.
At the time, the officer in charge of the designated company was d.
C. Around June 13, 2014, the Plaintiff submitted an application for withdrawal with the intention of withdrawing a member from the designated company on or around June 19, 2014, after the introduction of the selected company by the selector company only once.
Article 11(2)2 of the Terms and Conditions provides that the Plaintiff shall refund the amount equivalent to “80% of the subscription fee x (number of basic agreements / frequency of basic agreements)” when the contract is terminated after the expiration of the contract with the designated party D without the company’s liability (Article 11(2)2 of the Terms and Conditions).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Eul evidence 1 to 3, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. As seen earlier, as seen in the part 1 of the claim for the refund of subscription fees, the Plaintiff, upon the introduction of the selected company after the instant contract, withdraws from the Plaintiff once, and barring any special circumstance, the appointed company is obligated to return the subscription fees of KRW 1,066,66 (2,00,000 x 80 x 2/3) to the Plaintiff according to the standards for the refund of the terms and conditions. Furthermore, the Plaintiff seeks the return of subscription fees to Defendant (Appointed Party) and the appointed party D, but the Plaintiff is a party to the instant contract, which is not the party to the instant contract, and thus, the Defendant (Appointed Party and the Appointed Party D are obligated to return the subscription fees under the instant contract.