(영문) 서울중앙지방법원 2018.05.02 2017나57945

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(영문) 서울중앙지방법원 2018.05.02 2017나57945

손해배상(기)

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1. The judgment of the first instance is followed, including the primary claim reduced and the ancillary claim added by this Court.

Reasons

1. Basic facts

A. On November 6, 2014, the Plaintiff (194) entered into a customized multi-art management contract with the Defendant who is engaged in non-management business, etc. (24 weeks, 181 days) from November 11, 2014 to May 10, 2015 (24 weeks, 181 days), and the usage amount of which is KRW 72,840,000 (hereinafter “instant management contract”), and paid KRW 7,840,000 to the Defendant around that time. The relevant terms and conditions of the instant management contract are as follows.

1. All program services of a company may not receive and receive refund any services any longer on termination of the contract term, regardless of the remaining frequency of management upon termination of the contract term, the management period stated in the contract on a fixed-term basis is the contract term.

3. Members may extend the period of time, transfer to family, and direct control linkage, depending on circumstances.

7.The extension of time is impossible in any of the following cases:

(1) When a person fails to submit an application for postponement, Article 6 (Refund of Multi-Family Consulting Services)

1. The management period stated in the contract for a fixed-term consulting service shall not be refunded upon the termination of the remaining management period, regardless of the frequency of management;

(e) Even if three times a week has not elapsed at the time of registration of management three times a week, the number of relevant management shall be automatically extinguished and the number of extinguished management shall not be guaranteed.

2. Since a contract with a company is a fixed-term contract, a request for refund must be made within the management period specified in the contract, and no refund shall be made even if the management period has expired due to reasons attributable to the customer.

3. Refund shall be effective to make a written request within the management period specified in the contract.

5. The refund shall not be made in the following cases:

(2) The extension of the period shall be made.

유사 판례

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