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(영문) 창원지방법원 2017.10.25 2016나6327
환급금
Text

1. Of the judgment of the first instance, KRW 2,125,00 against the Plaintiff among the judgment of the court of first instance, and its related thereto, from May 11, 2016 to October 25, 2017.

Reasons

1. A company which takes over all of the relevant business from a prepaid installment business operator who takes over an obligation to pay cancellation refunds shall succeed to all the rights and obligations under Article 22(1) of the Installment Transactions Act (hereinafter “Installment Transactions Act”) with respect to prepaid installment contracts, such as the claim for payment, the obligation to supply goods, etc., and the obligation to pay cancellation refunds. The foregoing provision is a mandatory provision, and even if it has agreed to exclude the above succession between the parties to a business transfer contract, the agreement is invalid.

(2) The Plaintiff concluded a contract with the Defendant on June 2, 2011 under which the Plaintiff acquired rights and obligations to the entire members of the records of which closure is scheduled (hereinafter referred to as “this case’s membership acquisition contract”) and then concluded a contract with the Defendant on June 2, 2011 to acquire the rights and obligations of the entire members of the records of which closure is scheduled (hereinafter referred to as “this case’s membership acquisition contract”) and then delivered the written complaint (hereinafter referred to as “this case’s membership acquisition contract”), and (2) the Plaintiff concluded a contract with the Defendant on May 7, 2007, KRW 50,000, KRW 50, KRW 250, KRW 40, KRW 400, KRW 50, KRW 400, KRW 50, KRW 400, KRW 50, KRW 50, KRW 400, KRW 50, KRW 400, KRW 50, KRW 400.

In full view of the aforementioned legal principles and the developments leading up to the conclusion of the membership acquisition contract, the details of the contract, and the current status of operation after the conclusion of the contract.

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