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(영문) 대구지방법원 2015.12.24 2015나12213
해약환급금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order for payment shall be revoked, and above.

Reasons

(b) the facts of the basis;

A. On August 22, 2005, the Plaintiff entered into a standing agreement with Han Light Light Co., Ltd. (hereinafter “Korea Light Light Co., Ltd.”) with a subscription amount of KRW 3 million, KRW 50,000 per time, and KRW 60,000 per time, and the frequency of payment (hereinafter “instant standing agreement”), and thereafter, paid KRW 3 million by August 20, 2010.

B. Article 15 of the Korea-U.S. Mutual Aid Agreement applicable to the instant mutual aid agreement provides that “If a member has no intention to use the statement of mutual aid, the contract may be terminated, and if the agreement is terminated due to the circumstances of the member, the cancellation refund pursuant to the following formula shall be refunded to the member within 10 days from the date of application of the member:

* Contract termination refund = (Commercial Reserve - Non-Depreciation Allowance) x 0.9 (Provided, That where the total sum of payments - total sum of management fees - total amount of monthly payments - total amount of monthly payments - total amount of monthly payments 1) = Public offering allowance 】 Public offering allowance x 10% of management expenses (for public offering allowance, maximum of 15.3% of management expenses (in comparison with the amount of commodities), maximum of 10% of management expenses (in preparation for the amount of commodities), 60% of total amount of payment, and 0 if the amount of undeveloped allowance is 60% of total amount of payment)];

C. On October 1, 2013, the Defendant entered into a transfer contract (hereinafter “instant underwriting contract”) with the terms and conditions that accepting “the entire members of the entire members of the members holding Korea Light Light Lighting,” “the entire members of the entire members, the amount of installments paid for each member, and the amount of installments received from the entire members,” and the main contents of which are as follows.

Article 3 (Transfer of Rights and Duties of Members) The transferor shall transfer to the underwriter the rights and duties of the transferor to the members, and the underwriter shall accept the transfer.

Provided, That the provisions separately determined shall be governed by such provisions.

Article 8 [Liability for any event and any refund for termination] 1) After transfer, any event held after transfer (for example, for brokerage).

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