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(영문) 의정부지방법원 2018.06.22 2017나210489
미래상조납부금 변제
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. Basic facts

A. On October 31, 2008, the Plaintiff entered into a mutual aid service contract with the future aid company (hereinafter “the instant mutual aid agreement”) (hereinafter “the instant mutual aid agreement”), and paid KRW 1,170,000 in total on 39 occasions each month from around that time to December 26, 201.

B. The Defendant is a mutual aid association established pursuant to Article 28 of the Installment Transactions Act (hereinafter “Installment Trade Act”), and entered into a mutual aid transaction agreement (hereinafter “mutual aid agreement”) with a mutual aid company established pursuant to Article 28 of the Installment Transactions Act for the future and future commercial agreements as a mutual aid company, the contract period from March 18, 2012 to March 17, 2013, and the maximum amount shall be KRW 821,78,500, and the amount of mutual aid shall be KRW 821,78,50, and the Defendant shall pay the amount of mutual aid to the Defendant, and if a mutual aid accident, such as discontinuation of business, suspension of current account transactions, cancellation of registration, and cancellation of registration, the Defendant shall provide the future mutual aid association members with mutual aid deduction for consumer damage, and the Defendant shall receive the Defendant’s preferential reimbursement for the Defendant’s future mutual aid benefit from the future aid.

The main contents of the mutual aid transaction agreement in this case and the defendant's mutual aid regulations attached thereto (hereinafter referred to as "mutual aid regulations in this case") are as follows.

Article 2 (Definition of Terms) (1) The term "consumer damage compensation deduction" referred to in this provision means a mutual aid agreement with a mutual aid association established under Article 27 (1) 4 of the Act which is concluded by a prepaid installment business operator referred to in subparagraph 4 of Article 2 of the Installment Transactions Act (hereinafter referred to as the "Act") to fulfill his/her responsibility for payment of compensation.

(2) A mutual aid contract under this Regulation refers to a prepaid installment business operator who has concluded a contract with a mutual aid association effectively.

Section 3 (Types of Mutual Aid) The provisions of this Article shall apply to any consumer damage compensation to the beneficiary who is provided with mutual aid from the Mutual Aid Association as the beneficiary.

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