logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.02.20 2018나40425
여행상품권대금
Text

1. All appeals by the plaintiff (appointed party) are dismissed.

2. The costs of appeal are assessed against the Plaintiff (Appointed Party) and the appointed parties.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) and the designated parties (hereinafter referred to as the “Plaintiffs”) joined the “E” (hereinafter referred to as the “instant product”) as indicated below, which is an installment payment-type travel product designed and sold by the Defendant, as indicated below.

The Plaintiffs’ membership number CF 1 CF 25 February 25, 2013 (monthly payment of KRW 120,000) on February 25, 2013: (a) 23,240,000 on February 25, 2015; (b) 3,240,000 on February 25, 2013 (monthly payment of KRW 120,00 on April 3, 2015; (c) 3,05, April 25, 2015; and (d) 3, 240,000 won on March 4, 2013 (monthly payment of KRW 120,00 on March 25, 2015; (e) 3, 2015; and (e) 3, May 2013, 2015.

The defendant prepared a written confirmation (hereinafter referred to as the "written confirmation of this case") of each special member stating that "the total goods of this case are design-type goods, and 100% (3.6 million won, the product price of which is 3.6 million won) are refunded if the contract is terminated after the maturity without using the trip," and that "the goods of this case are notarized to C on February 28, 2013, and to the designated person C on March 8, 2013, respectively.

C. The Plaintiffs paid monthly payment based on the instant product contract 27 times, and filed an application for termination without using travel. Accordingly, the Defendant refunded KRW 6,480,00 to the Appointed C on June 9, 2016 (i.e., KRW 3,240,000 x 2 goods), KRW 6,480,00 to the Plaintiff (Appointed Party) on June 17, 2016 (= KRW 3,240,000 x 2 goods), and KRW 3,240,000 to the Appointed on December 10, 2015 (= KRW 3,240,000 , KRW 3,240,000 x 00 x 1 goods) respectively.

[Ground for recognition] A without dispute, Gap evidence 2-1, 2-1, 3-2, Gap evidence 4, Gap evidence 5-1 through 6, Gap evidence 6-1, 2, Gap evidence 7, Gap evidence 8, Eul evidence 2-1 through 3, the purport of the whole pleadings, and the purport of the whole pleadings

2. The arguments of the Parties; and

arrow