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(영문) 서울중앙지방법원 2017.09.15 2015가합570617

손해배상(기)

Text

1. The Defendant’s KRW 4,071,814,065 and KRW 3,344,07,645 among the Plaintiff and KRW 727,806,420 from August 31, 2015.

Reasons

Basic Facts

The plaintiff is a corporation whose purpose is to issue and manage credit cards, pre-paid cards, etc., and the defendant is the representative director of B (hereinafter referred to as "B") for electronic commerce and related distribution business, and C is a representative director of D (hereinafter referred to as "D") for wholesale and retail business of electronic equipment.

When a purchasing enterprise (member company) requests a selling enterprise (member company) to purchase goods by using a credit card issued by the Plaintiff from the Plaintiff, the “exclusive-use card for business purchase” handled by the Plaintiff is a system in which the selling enterprise (member company) requests the Plaintiff to approve the card, and the Plaintiff transfers the card price excluding the fee (1% of the transaction amount) to the selling enterprise (member company) as the price for the goods, the purchasing enterprise ( member company) trades by settling the card price after 1-2 months.

On June 8, 2014, the defendant entered into a contract for exclusive-use card for business purchase with the plaintiff on behalf of B.

After that, around June 2014, the defendant and C agreed that the exclusive-use card for corporate purchase issued by the plaintiff (hereinafter referred to as "corporate purchase card") shall be used to sell electronic equipment, etc. in the order of sales price DD (member company) in D's purchase account by using the exclusive-use card for corporate purchase issued by the plaintiff (hereinafter referred to as "corporate purchase card"), and that B shall guarantee 3% interest of the card price.

In addition, on December 9, 2014, C entered into an enterprise purchase card merchant agreement with the Plaintiff on behalf of D in order to sell electronic equipment in the order of D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D

The defendant and C shall use the business purchase card as a member store of B and D, and shall be a company established as a member of C's family or D's representative, and a company acquired by C.