(영문) 부산지방법원 2017.11.14 2016가단55048

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(영문) 부산지방법원 2017.11.14 2016가단55048

채무부존재확인

Text

1. The plaintiff's cancellation refund money and all other obligations against the defendant under the mutual aid agreement dated March 19, 1999 shall be 760.

Reasons

1. Basic facts

A. On March 19, 199, the Defendant entered into a mutual aid agreement (hereinafter “instant mutual aid agreement”) with the Plaintiff, setting the contract amount of KRW 1.2 million, the contract period of KRW 60,000,000 per month, and the amount of payment of KRW 20,000 per month.

B. The president of the superior division for the Plaintiff’s instant mutual aid agreement shall state that the Defendant paid 20,000 won per month from March 19, 1999 to May 49, 2003 (However, the amount of the first superior mutual aid fee on June 23, 1999 is KRW 0,000,000, not including the payment of the first superior mutual aid fee on September 2002).

C. On April 17, 2015, the Defendant: (a) received a notice from the Plaintiff that the payment was overdue even if the payment was not unpaid; (b) confirmed on September 2002, the head of the standing installment payment center; (c) confirmed that the payment was unpaid; and (d) did not pay the payment of the standing fees after May 2003; (c) subsequently, the Defendant sent a content-certified mail to the Plaintiff to the effect that the payment of the refund was refused even if the payment was requested on several occasions; and (d) the said content-certified mail was sent to the Plaintiff around April 20, 2015.

Around November 2016, the Defendant reported that the Plaintiff violated the Act on Installment Transactions, and the Fair Trade Commission issued a corrective order to pay the Plaintiff the amount of KRW 760,000 won of the cancellation refund and the damages for delay from April 24, 2015 on the ground that the instant mutual aid agreement was cancelled on April 20, 2015.

E. Meanwhile, Article 15 of the terms and conditions of the instant mutual aid agreement provides that where a member fails to pay monthly installments for at least three months without any reason, the Plaintiff may cancel the instant mutual aid agreement, and the amount paid at this time shall not be paid, and the provisions of the refund for cancellation shall not apply.

[Ground of recognition] Unsatisfy, Gap evidence 1, 3, 4-1, Eul evidence 1, 3.

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