beta
(영문) 창원지방법원 2016.01.19 2015나9336

해약환급금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On March 20, 2006, the Plaintiff entered into a mutual aid agreement with Han Light Light Co., Ltd. (hereinafter “Korea Light Light”) with the amount of KRW 3,000,000 (one time payment amount of KRW 50,000, and sixty times payment) (hereinafter “instant mutual aid agreement”).

B. After February 201, the Plaintiff paid the total amount of the above subscription in accordance with the instant light aid agreement on the light light light light.

C. On October 1, 2013, the Defendant entered into a transfer contract (hereinafter “member transfer contract”) with the content that “The Defendant is liable for the event after the transfer and takeover (e.g., funeral and brokerage) service. In a case where a member intends to terminate a contract, the Defendant is liable for the termination and refund, and the Defendant is liable for the amount paid to the Defendant by the member once or more times, with respect to the amount paid to the Defendant based on the standard terms and conditions of the Fair Trade Commission (hereinafter “member transfer contract”).

On October 14, 2013, the Plaintiff received a notice from the Defendant on October 2013, 2013, stating that “I accept payment from the Defendant for the frequency and amount of payment so far as possible during the event. I newly issue a membership certificate, and guarantee for the implementation of responsible events.”

A membership certificate was also issued as prescribed by the above notice, and the above membership certificate states that “I will accept payment for the light light. I will guarantee the performance as a product at the time of subscription for Korea Light.”

E. The terms and conditions of the instant mutual aid agreement (Article 15(1)) stipulate that a member may terminate the instant mutual aid agreement if he/she does not intend to use the mutual aid service, and accordingly, the Plaintiff expressed his/her intent to terminate the instant mutual aid agreement to the Defendant on November 7, 2014.

F. The cancellation refund of the instant mutual aid agreement is KRW 2,423,00,000, based on the full payment.

[Reasons for Recognition] There is no dispute;