헬스장전액환불
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Determination as to the cause of claim
A. The gist of the Plaintiff’s assertion is a member of the “C etc.’s village store” operated by the Defendant (hereinafter “instant sports center”).
The defendant asserted that the plaintiff neglected his/her duty as a member and demanded the suspension of use to the plaintiff, but did not err by the plaintiff.
As such, the Plaintiff was unable to use the sports center facilities and services of this case due to the Defendant’s demand for the suspension of unfair use, the Defendant is obligated to return KRW 473,00,000 from the Plaintiff.
B. According to the overall purport of the statements and arguments on the evidence Nos. 1 and 2, it is recognized that the Defendant, a member of the sports center of this case, requested the Plaintiff, as a member of the sports center of this case, to refrain from eating in the sports center of this case, and spits or spits the spits, etc. in the collection of dys and clothes, and notified the Plaintiff, as a member of the sports center of this case that the restriction on the use of the sports center of this case may be imposed
However, the Defendant’s request and notice merely urged a large number of members to call an obligation under the basic service agreement that they should naturally observe and comply with due to the characteristics of the sports center of this case, which are jointly used by the members, and thus, it is insufficient to recognize that the Defendant unfairly demanded the suspension of use to the Plaintiff, and there is no other evidence to acknowledge it otherwise.
Therefore, the plaintiff's above assertion is without merit.
2. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.
The decision of the first instance court with the same conclusion is legitimate, and the plaintiff's appeal is dismissed as it is without merit.