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(영문) 서울고등법원 2016.10.06 2016나2008303
마일리지청구
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. 1) D Co., Ltd., the Defendant’s telegraphic transfer of credit card companies, after dividing the company into E Co., Ltd. on September 1, 2014, transferred all rights and obligations relating to the credit card business sector to E Co., Ltd., and thereafter, E Co., Ltd., upon combining F Co., Ltd. on December 1, 2014, changed its trade name into “B Co., Ltd., Ltd.” as of December 1, 201; hereinafter “Co. D”) and “B Co., Ltd.,” without distinguishing between “Defendant Co., Ltd.” and “B Co., Ltd.,” and “Defendant.” The “instant card” (hereinafter “instant card”).

(2) On April 2012, the Plaintiff entered into the instant card membership agreement with the Defendant (hereinafter “instant contract”) and was issued the instant card. In addition to the credit purchase function of the credit card, the instant card was sent out as a product that provides various additional services, including the accumulation of mileage (the mileage that can be converted to the mileage of various airlines at the time when the subscriber wishes to use) per 1,500 won, in addition to the credit purchase function of the credit card.

The term of validity of the instant card issued by the Plaintiff is until April 30, 2017, and annual fees is KRW 100,000.

After June 13, 2014, the Plaintiff was reissued the instant card on the ground of the damage of the card, and the validity term of the reissued card is until March 2020.

B. On February 26, 2013, the Defendant changed the value-added service: (a) reduced the rate of accumulation per 1,500 won from September 1, 2013, which was provided to the instant card members, from 1,500 won due to the aggravation of the profitability of card products following the change of market environment due to the Internet homepage, notice, etc. to the members, including the Plaintiff; and (b) notified that other additional services reduce the conditions and frequency of provision.

C. Article 14 ( Points and Other Services) (3) of the Regulations on the Terms and Conditions of Personal Members of the instant card.

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