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(영문) 서울고등법원 2020.09.16 2018나2044907
추심금
Text

1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

The defendant.

Reasons

1. The reasons for this part of the underlying facts are as follows, and the reasoning for this decision is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, in addition to the partial revision as follows.

(Attachment 1 of the judgment of the court of first instance). From 6 to 8 parallels in the fourth table of the judgment of first instance are as follows.

(1) In cases of causing damage to users through false or exaggerated advertisement, etc. (3) In cases of providing services differently from a contract without the prior consent of the defendant, a transaction contrary to the public order and good morals or in violation of other relevant Acts

2. In the case of paragraph (1) of this Article, the defendant may take the following measures:

① The term “settlement date: D3 days” in the last sentence in the fourth table of the judgment of the court of first instance of the “Cancellation or Refund of the pertinent transaction” is deemed to read “D3 days”. The term “2.15%” in the fifth page of the judgment of the court of first instance is deemed to read “2.45%”. The term “5%” in the fifth page of the judgment of first instance is deemed to read as “2.45%”. The term “5-6 c. of the first instance judgment is to read as follows.

C. (1) The customer requested the credit card company or the Defendant to cancel the credit card settlement for the purchase of goods, such as health food, etc. by credit card while purchasing the goods from the C Association. The total amount of payment from December 26, 2014 to January 30, 2015, regardless of the cancellation, cancellation within the period, and immediately revoked immediately from the amount approved for the transaction, is KRW 1,063,701,021. However, the customer who purchased the goods from the C Association and completed the credit card settlement from the C Association, requested the credit card company or the Defendant to cancel the credit card settlement on account of the non-receiving of the goods.

Accordingly, the defendant returned the amount equivalent to the cancelled amount to the customer who requested the cancellation of payment from the credit card company.

Following the 6th day of the judgment of the first instance, the "17 to 29 evidence" of the 5th day below shall be deemed "17 to 29, 49 evidence".

2. The plaintiff et al. asserted.

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