Claim for refund of unused Pilates class membership fees 게시글 상세보기 - 등록일, 조회수, 첨부파일, 상세내용, 이전글, 다음글 제공
Claim for refund of unused Pilates class membership fees
Date
2021-01-25
Hit
799
ㅁ Contract
ㅇ Type : Pilates
ㅇ Date : May 20 2019
ㅇ Amount (KRW) : 784,080
ㅇ Term/classes : 7 months / 3 classes weekly
ㅇ Fixed term/fixed classes : Fixed term
ㅁ Exercise
ㅇ Period/classes attended
- Different views to start date.
- No classes attended.
ㅁ Termination
ㅇ Date : December 13 2019
ㅇ Reason : Petitioner’s personal circumstances
The respondents claim that by notifying the petitioner of the start of the membership by sending the petitioner a text message.
The petitioner asked an employee of the respondent 1 about the start date, and the petitioner claims that the employee informed the petitioner that the membership would start from the date on which the petitioner actually starts exercise.
A. Ground for termination: Article 31 of the Act on Door-to-Door Sales, Etc.
B. Attributable causes and liabilities for damage compensation such as cancellation charges
At the time of the conclusion of the agreement on May 20 2019, the business site of the respondent 1 was under construction (before opening) and the petitioner had circumstances that deterred the petitioner from starting exercise immediately. As such, the petitioner asked an employee of the respondent 1 about the start date, and the petitioner claims that the employee informed the petitioner that the membership would start from the date on which the petitioner actually starts exercise (hereinafter the “Abovementioned Agreement”). In this regard, the agreement states the contract term as “seven months,” without specifying a certain period of time, hence the Abovementioned Agreement shall be recognized, and the agreement in question shall be deemed as an agreement without a specific start date.
Therefore, the respondents’ claim that the agreement in question was initiated by notifying the petitioner of the start of the membership by sending the petitioner a text message shall not be acknowledged.
Provided, given that the employee of the respondent 1 who concluded the agreement at that time had resigned hence the Abovementioned Agreement could not be demonstrated, that the respondents would normally expect the membership to start in the not too distant future from the conclusion of the agreement, that a text message containing the phrase “we sincerely welcome you as a member of B Branch of A Pilates,” and that the petitioner contacted the respondent 1 on July 16 2019 to ask about termination and term extension but did not take any other actions, only to request termination and refund on December 13 2019, approximately five months later. If the petitioner, being a party to the agreement, had made positive efforts to contact the respondent 1 in the not too distant future to confirm detailed terms and conditions of the agreement, the parties might have been able to reach an amicable settlement, but the petitioner requested termination seven months after concluding the agreement, hence the dispute in question.
Meanwhile, the clause handwritten in the agreement stating “refundable without cancellation charges” has been identified, which is recognized as an individual agreement under Article 4 of the Act on the Regulation of Terms and Conditions, hence the petitioner shall not be obliged to pay cancellation charges in relation to the termination of the agreement in question.
Given the above-stated and the intention of dispute settlement to resolve disputes by mutual concession, the respondent 2 providing refunds to the petitioner after deducting 10% of the amount as specified below is deemed reasonable.
The respondent 1 is under direct management of the respondent 2 and is not a party to the agreement, hence no settlement has been made.
※ Refunds calculated in consideration of the above-stated and the Consumer Dispute Settlement Standards: KRW 705,000 (truncated 1,000).
1. The respondent shall pay the petitioner KRW 705,000 no later than November 17 2020.
2. In the event that the respondent delays the payment payable under Paragraph 1, late-payment penalties at a rate of 15% per annum calculated from November 18 2020 to the date of full payment shall be added.
3. No settlement shall be made for the petitioner’s claim against the respondent.
