(영문) 서울중앙지방법원 2019.11.20 2019나21612

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(영문) 서울중앙지방법원 2019.11.20 2019나21612

손해배상(기)

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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. On April 3, 2018, the Plaintiff entered into a “C” subscription agreement with the Defendant, a company providing stock investment information (hereinafter “instant contract”), and paid the Defendant a fee of KRW 4,00,000,000.

B. Terms and conditions applicable to the instant contract and the contents of the special agreement are as follows.

The user of Article 9 (Matters to be confirmed by the User) of the Terms and Conditions of this case confirms that the user is responsible for the final determination and decision in connection with the investment in securities and other transactions using the services provided by the Company, and confirms that the user is not liable to the Company for the loss or damage incurred to the user, except as otherwise provided in this Clause.

Article 13 (Types of Service Goods and Fees, Terms of Agreement) (1) The kinds of service goods that the company provides to users pursuant to this Terms and Conditions, usage fees and the period of agreement shall be as follows:

2. C: Fee 90,00 won per month, three months, 2,970,00 won per month, six months, 5,940,000 won per month, and Article 26 (Termination and Refund at the request of the user) (1) User may request the termination of the service contract by sending D E-mail after taking the form in the data room on the website, and the contract shall be deemed terminated seven days after the date on which the intent of the termination is delivered to the company.

(3) Where a service user referred to in Article 13 (1) 1 through 4 requests the termination of use under paragraph (1) of this Article, the company shall return the remaining amount after deducting all the amounts referred to in subparagraphs 1 and 2 of this paragraph:

1. Termination fees: 10% of the subscription amount;

2. The service charge: The service charge shall be calculated on the basis of the subscription period (which means only the subscription period).

In the event that the Plaintiff entered into the instant contract during the event period of the Defendant, the “E (Extension of Refund”)” (Evidence A 3) is provided by the Defendant.

유사 판례

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