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(영문) 서울중앙지방법원 2019.01.17 2017가합39172
선불회원권 입회금반환 청구의 소
Text

1. The Defendant: (a) 205,141,600 won to Plaintiff Company A and 5% per annum from December 8, 2017 to June 5, 2018.

Reasons

Basic Facts

The following facts are not disputed between the parties, or may be recognized by comprehensively considering the whole purport of the pleadings in each entry in Gap evidence Nos. 1, 2, 3, 5, 6, 7, and Eul evidence Nos. 1, 3, and 4 (including each number, if any):

The defendant, who entered into a membership contract, has paid a certain amount of membership fees to the company established for the purpose of recruitment of membership and brokerage of membership transactions, and has sold prepaid membership cards that are deducted from the pre-paid membership fees in advance when he/she opens a membership.

Plaintiff

Around January 8, 2016, Co., Ltd. (hereinafter “Plaintiff B”) entered into a membership agreement with the Defendant to purchase five prepaid membership cards with 22 million advance membership fees, and paid KRW 121 million to the Defendant, including value-added tax.

Plaintiff

B and the Defendant agreed 10 times the monthly use limit per unit when concluding the above membership agreement.

Plaintiff

On July 15, 2016, A Co., Ltd. (hereinafter “Plaintiff A”) entered into a membership agreement with the Defendant to purchase 15 prepaid membership cards (hereinafter collectively referred to as “each of the instant membership agreements”) with each of the Plaintiffs and the Defendants to purchase 22 million prepaid membership cards (hereinafter referred to as “each of the instant membership agreements”) and paid 3630 million won including value-added tax to the Defendant.

Plaintiff

A and the defendant agreed that the monthly use limit per unit was eight times when concluding the above membership agreement.

On September 21, 2017, the Plaintiffs: (a) notified the Defendant of the termination of the membership contract, including the termination of the contract; and (b) sent content-certified mail to the effect that only the opportunity for reservation that does not reach the number of originally promised usage was provided; and (c) on November 15, 2017, the Defendant notified the Defendant of the termination of the membership contract on the ground that such violation was not corrected.

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