[2018 Highest 5393 [Defendant A and B] (hereinafter “C”)’s circumstance of the instant case is an overseas site that trades a kind of derivatives investment by forecasting the increase or decrease in virtual currency, overseas stocks, and exchange rate.

In general, if a customer purchases goods, etc. from a franchise store and makes payments by using a physical card, the franchise store shall transmit the sales slip to a financial institution by electronic means, and the financial institution shall transfer money equivalent to the approved amount from the customer’s account to a financial institution. If the customer cancels the above payment, the franchise store shall transmit the pre-sale slip to a financial institution and then the financial institution shall transfer the money transferred from the customer’s account to the customer’s account based on the pre-sale slip to the financial institution. On the other hand, the franchise store shall not prepare and transmit the sales pre-sale slip and the sales cancellation slip separately from the transmission of the pre-sale slip and the sales cancellation slip to the financial institution by computer or other automated system.

However, in the case of the above "C", unlike the above ordinary settlement procedure, when the customer makes payment by the ck card for the purchase of derivatives and cancels the payment, it is necessary to electronically transmit the sales slips and the cancellation slips to the financial institution, and prepare separate sales slips and the cancellation slips from around 3 to 4 days from the business day, and send the sales cancellation slips to the financial institution first, and then send them to the financial institution after several hours from then, the financial institution will again refund the money to the customer's account on the basis of the pre-sale cancellation slip sent again from the above "C", and withdraw the money refund from the customer's account on the basis of the pre-sale slip sent again after several hours.