logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (제주) 2021.02.17 2020나10604
입회금반환
Text

Of the judgment of the first instance, the part against the intervenor accepting the defendant among the judgment of the first instance shall be modified as follows:

A. The defendant acceptance intervenor.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except in the following cases, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 15th parallels 2 to 8th parallels shall be conducted as follows:

Meanwhile, Article 5(1) of the instant membership agreement provides that “In principle, the Plaintiff may not claim the return of the membership fee prior to the expiration date of the membership period, and if the Plaintiff claims the return of the amount after the expiration of the said period, the principal of the membership fee shall be returned within 10 days from the filing date of the claim.

The facts stated in the judgment below, and on May 18, 2018, before the expiration of the qualification period for membership of the instant membership agreement, the Plaintiff requested Defendant D to return the membership fee upon the expiration of the said period, and delivered the said request to Defendant D on May 21, 2018, as seen earlier.

The content of the instant membership agreement constitutes “a summary” prepared in advance by Defendant D, etc. to conclude a multiple counter-school contract, and thus is subject to the Act on the Regulation of Terms and Conditions (hereinafter “Aggravated Regulation”).

In light of the purport of Article 5(2) of the Act that the terms and conditions shall be interpreted favorably to the customer if it is not clear, it is prohibited that the above provision on the claim for return of the membership fee (Article 5(1) of the membership agreement of this case) prohibits any further claim for return of the membership fee due to the expiration of the period prior to the expiration of the period of retention of the membership fee, from setting the compulsory grace period of the membership fee.

shall not be construed.

In particular, in order to prevent the automatic renewal of the contract, Article 4(3) of the instant membership agreement imposes an obligation on the members to express their intent of refusal to renew the contract in writing by 30 days before the expiration date of the membership period. However, Article 5(1) of the instant membership agreement provides that “a request for the return of the membership fee shall be made only after the expiration date of the membership period.”

arrow