The part of the judgment of the first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Basic facts

A. The Defendant served as the director in charge of business in the name of “D” from a service provider providing securities with the trade name “C”.

B. On February 22, 2019, upon the Defendant’s solicitation, the Plaintiff entered the insurance coverage period as from February 22, 2019 to February 21, 2020 to “C” by setting the subscription amount as KRW 7,00,000, and entered into a special agreement with “C” as follows, and paid KRW 7,000,000 with a credit card on the same day as the same day by December.

(hereinafter referred to as the “instant member subscription contract”). The card settlement date is 27 days, and the Defendant requests the card company to make a contact for the deletion of the card details after making a prior settlement to the card company 14 days before the date of request for the card amount.

When the principal is less than three times a year, 100% of the membership fee shall be refunded.

C. On March 18, 2019, the Plaintiff sent a card company at his/her home.

When a credit card use statement including 7,00,000 won and 579,250 won and 1203,598 won and the balance of 6,371,750 won after the settlement was received on the first installment of the amount to be settled in the month, the Defendant demanded the Defendant to cancel the credit card payment. On March 21, 2019, the Defendant issued a revocation disposition only for the monthly installments.

On March 22, 2019, the Plaintiff requested C to terminate the membership agreement of this case by content-certified mail, and C, around April 4, 2019, upon accepting the Plaintiff’s request and terminating the membership agreement of this case, upon deducting the amount equivalent to 10% of the amount of penalty and the number of days used up to that time, 5,679,960 won from the amount of penalty and the amount equivalent to the number of days used up to that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 6, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. (1) At the time of the instant membership agreement, the Plaintiff paid the Plaintiff the amount of the Plaintiff’s membership with the profits earned from the securities information provided by the Plaintiff at the time of the instant membership agreement.