1. The Plaintiff (Counterclaim Defendant) paid KRW 1,330,000 to the Defendant (Counterclaim Plaintiff) and its related amount from March 28, 2014 to January 6, 2016.

1. Basic facts

A. On September 30, 2002, the Plaintiff entered into a mutual aid agreement with the Defendant for 99 installments as follows.

(hereinafter “instant mutual aid agreement”). Members numbered 99-180 each month of the maturity of the goods and KRW 30,000 each time of payment (20,000 each time of 60,000 C at 20,000 each time of 60,000

B. The Defendant paid 1,840,000 won in total over 37 times among the 60 monthly installments, and paid 23 times the remainder of the membership fees. Article 13(1) of the instant mutual aid agreement provides that “Where a member has paid 6 or more installments, the company (Plaintiff) may terminate the contract without prior notice.”

(C) The term “instant termination clause” refers to “the instant termination clause.” (c) The instant mutual agreement was terminated at the latest on March 24, 2014; and the Defendant’s cancellation refund calculated in accordance with the notice on the calculation standard for cancellation refund following the termination of a prepaid installment contract is KRW 1,330,000 ( KRW 798,000). The Defendant’s cancellation refund amount calculated in accordance with the notice on the calculation standard for cancellation refund following the termination of a prepaid installment contract is total of KRW 1,330,00 ( KRW 532,00). [In the absence of any dispute between the parties

2. Determination

A. According to the above facts of recognition, the Plaintiff is obligated to pay the cancellation refund for the instant mutual aid agreement to the Defendant, barring any special circumstance.

B. The Plaintiff asserted that “the instant mutual aid agreement was terminated due to the Defendant’s failure to pay monthly installments at least six times, and the Defendant’s claim for refund upon cancellation was extinguished as the five-year commercial extinctive prescription has passed thereafter.” However, even under the termination clause of the instant case, insofar as the Plaintiff did not express its intent to terminate the instant mutual aid agreement to the Defendant, the instant mutual aid agreement was terminated on March 24, 2014, which was recognized as above, as long as the instant termination clause does not exempt the Plaintiff from the obligation to notify the termination of the instant mutual aid agreement (limited to exemption from the prior notification obligation). The instant mutual aid agreement is apparent in fact that the instant mutual aid agreement was filed five years after the instant counterclaim claim was filed, and thus, the instant mutual aid agreement against the Defendant is concluded.