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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 May 30, 2005, the Plaintiff entered into a mutual aid agreement with Han Light Light Co., Ltd. (hereinafter “Korea Light Light”) with KRW 1,800,000 (one time payment amount, KRW 30,000, and KRW 60) (hereinafter “instant mutual aid agreement”).
B. Since April 2010, the Plaintiff paid the total amount of the above subscription in accordance with the instant light aid agreement.
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.”
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 January 15, 2015.
F. The cancellation refund of the instant mutual aid agreement is KRW 1,453,000 on the basis of the full payment.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 through 11, 13 through 15, Eul evidence Nos. 1 and 2 (including provisional number), the purport of the whole pleadings
2. Determination as to the cause of action
(a) The business under Article 42(1) of the Commercial Act, one of which is the recognition of the transfer of business.