구상금
1. The part of the creditor subrogation claim in the lawsuit of this case, which is changed in exchange at the trial, shall be dismissed;
2.In the trial, the trial shall be held.
1. Basic facts
A. 1) The Plaintiff is a company running an electronic payment agency business on behalf of a credit card holder, etc. for a person who sells goods or provides services under a contract with a credit card company in the course of electronic commerce transaction. 2) The Plaintiff drafted a special agreement with the Hyundai Card Company on a member store of an electronic commerce settlement agency with the following contents:
Special terms of merchant agreements with other credit card companies are almost the same in addition to the order of the provisions.
Article 3 (Scope of Application) The scope of this Special Agreement is limited to a card holder (including a union member) where a member subject to sale A (including a union member), and the goods subject to sale are goods or services sold in the Internet shopping mall operated by a shop occupant company in B (Plaintiff).
Article 6 (Cancellation of Transactions) (1) If a member makes a request for the cancellation of a request for the goods purchased (hereinafter referred to as "electronic shopping mall") from a shop occupant enterprise (hereinafter referred to as "Plaintiff") in B, and if the member makes a request for the cancellation of a request, he/she shall immediately forward the goods to the designated account requested by A (on-site Card Co., Ltd.) in order to process the cancellation without delay.
Article 8 (Claim and Payment for Credit Sales Price) (1) A (Plaintiff) confirms whether goods or services purchased by a member are supplied without any abnormal condition, through a certificate of delivery of goods, etc. and then claims the amount of credit sales according to the method (EDI, etc.) determined by mutual consultation between A and B (Plaintiffs).
Article 9 (Return by Doing) In any of the following cases, A (O-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S