Request for refund of down-payment for withdrawn plastic surgery contract

Question

I made a contract with a clinic for breast augmentation surgery and paid KRW 1,000,000 as a deposit for the surgery totaling KRW 7,150,000. Due to personal reasons, however, I had to cancel the contract eight days before the scheduled date of the surgery and requested the clinic to duly refund the deposit I had made. But the clinic has refunded KRW 285,000 only after deducting 10% of total surgery cost out of the deposit. I think the clinic’s refund policy is too harsh and unfair. Under the circumstances, may I get an additional refund?

Answer

The Regulations on Consumer Dispute Resolution set by Korea Fair Trade Commission shall be applied to your case. In case of cancellation of a contract for plastic surgery due to consumer’s fault, the Regulations stipulate that the clinic shall refund 90% of the deposit made by the consumer if the cancellation is made three days before the scheduled operation date. The Regulations also read that if the deposit made by the consumer is more than 10% of total operation cost, the basis for refund shall be limited to 10% of total operation cost.

Given the fact that you have showed your intention for the cancellation of the contract eight days before the scheduled operation date and the deposit made is more than 10% of total operation cost,   you are entitled to get refunded KRW 928,500 [KRW 1,000,000 (deposit) - KRW 71,500 (10% of total operation cost) = KRW 928,500.] As KRW 285,000 has been refunded already, you can ask the clinic to refund the balance of KRW 643,500. Note, however, medical examination fees for the operation (if any) may not be refunded.