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(영문) 부산지방법원 2019.07.10 2016가합397
사해행위취소 등
Text

1. Defendant A Co., Ltd. shall state on each of the relevant Plaintiffs as indicated in the attached Table 4’s “personal plaintiff” column.

Reasons

1. Basic facts

A. As examined in paragraph (4) below, Defendant A Co., Ltd. and the Plaintiffs, it cannot be acknowledged that the mutual aid contract was concluded between Plaintiff 3D, Plaintiff 18 X (limited to the part on the product price of KRW 1,200,00), Plaintiff 27 E, Plaintiff 199 L, Plaintiff 207 M, Plaintiff 243 M, and Defendant A Co., Ltd., but the rest of the Plaintiffs except the above Plaintiffs for convenience is “Plaintiffs.”

1) Defendant A Co., Ltd. (hereinafter “Defendant A”)

The Act on Installment Transactions (hereinafter referred to as the “Act on Installment Transactions”) is a company established on December 19, 1997 for the purpose of marriage, funeral, tourism, and good offices.

(2) On February 18, 201, when a consumer receives the payment from the consumer in advance for a period of not less than two months, and thereafter makes a funeral, etc., he/she registered as a prepaid installment business operator (Article 2 subparag. 4 of the Installment Transactions Act) on February 18, 201 in order to conduct the services or the prepaid installment business providing ancillary goods (Article 2 subparag. 2 of the Installment Transactions Act). The Plaintiffs entered into a contract with the defendant A under which the defendant would pay a certain monthly payment to the defendant A and receive the corresponding standing services (hereinafter referred to as “mutual services”). In common name, each of the instant agreements was entered into (hereinafter referred to as “each of the instant mutual agreements”). Detailed details on the code, total amount of payment, actual amount of payment, amount of payment by product actually paid, etc. of each of the plaintiffs' goods to which the individual plaintiffs have joined are as stated in the separate sheet No. 2.

3) Each of the instant mutual aid agreements provides for the cancellation refund at the time of termination and termination of prepaid installment contracts as follows. Article 15 (Termination and Termination refund of a contract) (1) If a member does not have an intent to use a mutual aid service, the contract may be terminated:

(2) Where the circumstances of members have been terminated, the company shall pay refund for cancellation by the formula that deducts recruitment allowances, other management expenses, etc. from the payment made by members.

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