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(영문) 서울중앙지방법원 2018.08.23 2017나56850

손해배상(기)

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim (including the part extended by this court) is dismissed.

3...

Reasons

1. Basic facts

A. Party 1) The Plaintiff is a corporation mainly engaged in information and communications services, the development of information and communications facilities and equipment, the manufacturing of wholesale and retail business, and the corporation established by the Seoul Branch as its major shareholder. 2) The Defendant is a corporation established and operated as its major business objective. Under a contract with a credit card company and credit card merchants as defined in Article 2(2) of the Specialized Credit Financial Business Act, which provides telecommunications services to approve and relay payment of credit cards, etc., such as the installation of devices, approval of inquiries about credit cards, etc., and settlement of sales slips, and so-called “VN company.”

B. The Plaintiff and the Defendant’s instant supply contract 1) The card terminal generalized by the taxi rate settlement method (hereinafter “terminal”).

(2) The Financial authorities and the National Assembly have revised the Specialized Credit Financial Business Act (hereinafter referred to as the “Specialized Credit Financial Business Act”) as to the registration of a device and the establishment of technical standards in accordance with the Comprehensive Measures for the Prevention of Divulgence of Personal Information in the field of Finance (hereinafter referred to as “Specialized Credit Financial Business Act”), and the revised Act was enforced on July 21, 2015.

From July 21, 2015, the provisions of Article 27-4 (Registration of Credit Card Terminals) of the Electric Power Generation Act are newly established so that any device that does not meet the technical standards prescribed by the Financial Services Commission can not be installed. In order to register and install it as a device that meets the technical standards prescribed by the Financial Services Commission, VN companies and manufacturers request the Association to be certified, and the Association shall confirm the test results of an authorized testing institution and confirm the results of the test.