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(영문) 서울남부지방법원 2021.01.21 2019가합106829
정산금반환청구의 소
Text

1. The Plaintiff (Counterclaim Defendant) paid to the Defendant (Counterclaim Plaintiff) the amount of KRW 216,673,124 and the amount of said KRW 216,673,124.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 28, 2018, the Plaintiff entered into a settlement service contract with the Defendant for the following terms and conditions (hereinafter “instant contract”). In other words, if a customer who uses “D, E, F, and G,” a stock information service provided by the Plaintiff, makes online payment for membership cards, etc., the Defendant’s H settlement program is used, and the Defendant pays the remainder of the settlement payment (hereinafter “fixed amount”) excluding the fee 0.3%, to the Plaintiff after four business days from the date following the date of settlement.

2) In preparation for the cancellation of customer’s cancellation where the Defendant paid the settlement amount to the customer and the Plaintiff returned the settlement amount that was already paid to the Defendant, the Plaintiff transferred the settlement amount of KRW 1 billion (hereinafter “guarantee money”) to the Defendant’s account on November 29, 2018 as the guarantee for the repayment of the said settlement amount.

B. At the same time, upon entering into the instant contract, the Defendant provided the Plaintiff’s franchise store with the services immediately paying the settlement amount.

In other words, the card company will make a prior payment to the plaintiff's member store, excluding the fees immediately paid by the card company to the defendant before paying the fees that the customer has settled to the defendant.

2) The Plaintiff and the Defendant entered into a contract with the Plaintiff to pay the said advance payment preferentially to the Defendant’s franchise store on behalf of the Defendant and return the amount calculated by adding 0.55% of the said advance payment to the Plaintiff when the Defendant received the payment from the card company (hereinafter “the instant advance payment”). (C)

(1) On January 23, 2019, the Defendant: (a) the title “Suspension of the payment of the fixed amount in accordance with the management of the franchise store risk”; and (b) the amount approved for the installment amount of KRW 2,731,430,076, out of the total amount approved through H.

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