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(영문) 서울중앙지방법원 2020.04.24 2019나32438
손해배상(기) 및 위자료 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On December 8, 2014, the Plaintiff and the Defendant engaged in the marriage brokerage business, paid KRW 5,346,000 to the Defendant’s membership fee, and the Defendant concluded a membership agreement (hereinafter “instant membership agreement”) with the Plaintiff with the content of arranging the Plaintiff’s spouse’s information and four-time meetings, using the title system.

B. The Plaintiff met with C on December 29, 2014 and D on January 5, 2015 with the Defendant’s recommendation.

C. On November 11, 2015, the Plaintiff notified the Defendant of the termination of the contract by content-certified mail, and the said content-certified mail sent to the Defendant on November 16, 2015.

Article 11 (Refund of Membership Fee) (1) If a contract is terminated due to any cause attributable to the company, the following membership fee shall be refunded:

company's responsible reasons correspond to the criteria for the settlement of consumer disputes)

1. Where a contract for membership is terminated before the company commences a full-time marriage arranged after the contract for membership: 20% of the expenses for membership;

2. Where a contract is terminated after the lapse of one time: (Frequency) membership fee 】 (number of remaining members/total number) membership fee 20% (fixed-term) membership fee 】 20% of the total number of remaining members (number of remaining members/total number of members) membership fee ? (2) Where a contract is terminated without any liability of a company, the following membership fee shall be refunded:

1. Where a contract for membership is terminated before the company commences her full-time marriage arranged after the contract for membership: 80% of the expenses for membership;

2. Where a contract is terminated after the passage of one time: 80% of the subscription fee (number of remaining days/total number of days) 】 80% of the subscription fee (fixed period) 】 (number of remaining days/total number of days).

D. Meanwhile, Article 11 of the standard terms and conditions for domestic marriage brokerage at the time of the above member joining contract provides for refund of subscription fees as follows.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 3, purport of the whole pleadings]

2. The assertion and judgment

A. According to the above facts, the membership agreement between the plaintiff and the defendant between the plaintiff and the defendant is declared to be terminated.

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