손해배상 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The decision of the court of first instance is in accordance with paragraph (1).
1. The facts under each of the following facts are acknowledged either as a dispute between the parties, or as a result of the fact-finding with respect to Gap evidence Nos. 1, 3, 6 through 11, Eul evidence Nos. 1 through 4, and KGnis Co., Ltd. in the court of the first instance (hereinafter “Nnis”), including each number, added to the whole purport of the pleadings.
[1] The Defendant and A.S. Electronic Co., Ltd. (hereinafter “S. Company”) joined the electronic commerce site (ordinary “B2B”) among the companies run by E.S.. (hereinafter “instant site”) as a member.
On March 201, the Defendant and the non-party company agreed to the terms and conditions of the instant site use (hereinafter “instant terms and conditions”) which contain the following contents, and entered into a contract to use the said site with the approval of the Egys.
Article 28 (Duties of Members) (1) Members shall comply with the relevant Acts and subordinate statutes, the provisions of these terms and conditions, the guidance for use, and the matters notified by the Company, and shall not interfere with the business affairs of the Company.
Article 29 (Prohibition of Unfair Transactions) (1) In using the B2B electronic guarantee service provided by a company in connection with the relevant guaranteeing institutions and financial institutions, the member shall comply with the business process and transaction regulations determined by the guarantee institutions and financial institutions.
(3) No member who uses the guarantee of electronic commerce security of the Guarantee Agency (Korea Technology Finance Corporation, etc.) and the B2B transactions based on the guarantee of electronic commerce loans shall engage in any of the following unfair transactions prohibited by the Guarantee Agency:
1. Act of settling funds without any actual transaction of goods or services;
2. The settlement of goods and services transacted prior to the new issuance date of electronic commerce guarantee.