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(영문) 서울남부지방법원 2013.08.23 2013고정1473

할부거래에관한법률

Text

The defendant shall be innocent.

Reasons

1. The facts charged No. B is a corporation located in Yangcheon-gu Seoul and mainly for the sale of funeral supplies and funeral services, and the defendant is the representative director of the above corporation B.

When establishing a corporation B around March 27, 2006, the Defendant acquired F Co., Ltd., which was operated by her mother D and her mother, and took over all existing members. The Defendant entered into a contract with her consumer G on February 14, 2004 and received KRW 1,980,000 as the price for funeral service.

(hereinafter referred to as the “instant contractual relationship”). Under the Installment Transactions Act (hereinafter referred to as the “Installment Transactions Act”), a prepaid installment business operator shall not delay or refuse the measures pursuant to the Act without justifiable grounds, notwithstanding the consumer’s rescission of the contract.

Article 25 (Cancellation of Prepaid Installment Contract by a Consumer) (1) Where a consumer concludes a prepaid installment contract and fails to receive the goods, etc. under the contract, he/she may rescind the contract.

(4) Where a prepaid installment contract is rescinded, the prepaid installment business operator shall refund the consumer the amount calculated by subtracting the penalty from the price already received within three business days from the date of rescission.

In such cases, where a prepaid installment business operator delays the refund, he/she shall also refund damages for delay according to the period of delay.

Article 34 (Prohibited Acts) No prepaid installment business operator shall commit any of the following acts:

10. Any person falling under any of the following subparagraphs shall be punished by a fine not exceeding 10 million won, even though a consumer has rescinded the contract, and thus, delays or refuses the measures therefor without justifiable grounds:

2. Any person who has committed an act prohibited under subparagraph 10 of Article 34.