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(영문) 창원지방법원 2016.01.19 2015나8623
해약환급금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On August 24, 201, the Plaintiff entered into a mutual aid agreement with Han Light Group Co., Ltd. (hereinafter “Korea Light Group”) with the amount of KRW 4,000,000 (one-time payment, KRW 60,000, and KRW 67) (hereinafter “first mutual aid agreement”) (hereinafter “first mutual aid agreement”), and on September 21, 201, with the subscription amount of KRW 5,000,000 (one-time payment, KRW 80,000, and KRW 63) (hereinafter “second mutual aid agreement”).

B. As to the contract under Article 1, the Plaintiff paid 2,20,000 won (60,000 won x 37 times x 37 times x 10 times to Korea Light, 27 times to the Defendant, and 10 times to the Defendant) out of the above subscription amount by September 2014. As to the contract under Article 2, the Plaintiff paid 2,80,000 won (=80,000 won x 35 times to Korea Light, 26 times to the Defendant, and 9 times to the Defendant) by July 2014.

C. On October 1, 2013, the Defendant entered into a transfer contract (hereinafter “member transfer contract”) with the content that “The Defendant is liable for the event after the transfer and takeover (e.g., funeral and brokerage) service. In a case where a member intends to terminate a contract, the Defendant is liable for the termination and refund, and the Defendant is liable for the amount paid to the Defendant by the member once or more times, with respect to the amount paid to the Defendant based on the standard terms and conditions of the Fair Trade Commission (hereinafter “member transfer contract”).

On October 14, 2013, the Plaintiff received a notice from the Defendant on October 2013, 2013, stating that “I accept payment from the Defendant for the frequency and amount of payment so far as possible during the event. I newly issue a membership certificate, and guarantee for the implementation of responsible events.”

A membership certificate was also issued as prescribed by the above notice, and the above membership certificate states that “I will accept payment for the light light. I will guarantee the performance as a product at the time of subscription for Korea Light.”

(e) agreements in paragraphs 1 and 2 above;

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