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(영문) 수원지방법원 2020.04.23 2019나85461
부당이득금반환
Text

1. Revocation of the first instance judgment.

2. The defendant shall pay 615,890 won to the plaintiff.

3. All costs of the lawsuit are assessed against the Defendant.

Reasons

1. (1) On March 25, 2019, the Plaintiff entered into a marriage brokerage agreement with the Defendant, who is a marriage information company, and the Defendant, who is an agent for marriage marriage with the Plaintiff’s father C (hereinafter “instant agreement”) to arrange for the remaining family members meeting the conditions of the Plaintiff’s father C (hereinafter “title services”), and paid KRW 3 million to the Defendant at the member’s expense.

(2) The contract of this case states that the defendant provides the plaintiff with services for a total of 3 times for 12 months (the contract term) from the contract date.

However, at the time of conclusion of the contract, the defendant tried to provide the plaintiff with a title service for the period of the contract even after the provision of a title service three times orally.

(3) On April 21, 2019, the Defendant offered the first title service to the above C, and C s/he s/he s/ she was dissatisfied with the Defendant’s each title service, and the Plaintiff notified the Defendant of the termination of the contract on the same day and demanded the Defendant to return KRW 3 million as a member.

(4) Article 11 (Refund of Membership Fees) of the instant contract provides that, where the contract is terminated after the lapse of one time due to a cause attributable to the Defendant, the Defendant shall refund the amount equivalent to “the membership fee x (the number/total frequency) x (20%) membership fee x (the number/total frequency) . Where the contract is terminated after the lapse of one time due to a cause not attributable to the Defendant, the Defendant shall refund the amount equivalent to “80% of the membership fee x (the number/total frequency)” x (the total frequency).

(5) Meanwhile, the entire contract of this case provides that "other matters not specified in this contract shall be governed by the standard terms and conditions for domestic marriage brokerage," and the criteria for the settlement of consumer disputes and the standard terms and conditions for domestic marriage brokerage (hereinafter referred to as "standard terms and conditions for marriage brokerage") concerning the marriage brokerage as publicly notified by the Fair Trade Commission are to be compared to the total number of days when the contract is terminated, instead of the total number of days when the contract is terminated.

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