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(영문) 서울중앙지방법원 2017.12.20 2017가합552996
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is a person who is engaged in the Chinese-style and decentralization delivery business with the trade name “C” in Gangnam-gu Seoul and Seocho-gu Seoul.

On August 4, 2015, the Plaintiff filed an application with the Defendant for membership in D’s food delivery service that combines advertising, delivery order brokerage, and payment agency services provided by the Defendant, with respect to the above C’s business.

(The full name of the written application prepared by the Plaintiff is “advertisement registration and immediate settlement service application.” The Defendant received the above application and between the Parties, the Defendant entered into a contract to supply a kind of service (hereinafter “instant service contract”) under which the Plaintiff would pay advertising expenses, order brokerage fees, settlement fees, etc. in return for the use of the Plaintiff’s restaurant trade name, merap, etc., and the consumer’s food delivery order received through the pertinent display system, and immediately provide payment service, etc. at the user’s option.

The Plaintiff entered into the instant service contract with the Defendant as above, and signed the application at the bottom of the application form with the purport that the Plaintiff consented to the terms and conditions of use of D Advertising attached to (the content of the service application) and the terms and conditions of use of immediate settlement service and 050 service.

The part related to the determination of the issues of this case among the terms and conditions of use that the Plaintiff consented to incorporate into the contents of the service contract of this case is as follows.

(hereinafter “instant Terms and Conditions of Use”). [D’s Terms and Conditions of Use] Termination of Contracts for Use under Article 12 (“D”) ① Termination of Company (Defendant; hereinafter the same shall apply)

1. The “company” may suspend the provision of services or terminate a service contract if any of the following events occurs or is confirmed:

7 The honor of companies, services, or advertising media;

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