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(영문) 서울중앙지방법원 2014.08.20 2013가합46233
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

In fact, the plaintiff is a company that operates the electronic payment agency business on behalf of the credit card holders, etc. for a person who sells goods or provides services under a contract with the credit card company in the electronic commerce transaction.

The plaintiff prepared a special agreement with Hyundai Card Co., Ltd. on the member store of electronic commerce settlement agency with the following contents:

The special agreement of member stores with other credit card companies is almost the same in addition to the order of the provision.

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 purchase (requested to B for the settlement of electronic commerce by contract) from a tenant enterprise B (Internet shopping mall which has been commissioned to B), B shall immediately transfer the goods to the designated account requested by A for the cancellation and the settlement of the tenant's cancellation is insufficient.

Article 8 (Claim and Payment for Credit Sales Price) (1) A must verify whether goods or services purchased by a member are supplied without any malfunction, through a written confirmation of delivery of goods, etc. and then claim the credit sales price according to the method (EDI method, etc.) determined by mutual consultation with A and B.

Article 9 (Additional Return) In any of the following cases, A may pay B after subtracting an appropriate amount from the price claimed by B, and in such cases, B shall repay B without delay at the request of A, if the amount falls short of the amount:

(1) Where a right to withdrawal or defense arises pursuant to the relevant Acts and subordinate statutes, salesroom occupants.

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