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(영문) 서울중앙지방법원 2019.11.28 2018가합516485
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation whose business is to provide value-added telecommunications services by leasing telecommunications line facilities from a key telecommunications business operator pursuant to the Telecommunications Business Act. 2) Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) is the Plaintiff’s agency, which is a company entrusted with the collection, storage, and verification of credit sales slips, among the business entrusted by the Plaintiff by the credit card company, and was deemed dissolved pursuant to Article 520-2(1) of the Commercial Act on December 5, 2016.

3) The Defendant was a representative of the non-party company before the non-party company was dissolved as above. (B) The non-party company is a business entity that provides credit card inquiries and approval services by linking the relay communications network between the store and credit card company, such as the Plaintiff. (1) At the same time, the non-party company provides services such as transmission of credit sales statements and purchase of sales slips, and creates profits therefrom.

In addition, on March 19, 2008, credit card companies filed a claim for damages against the plaintiff et al. (Seoul Central District Court 2008Gahap25973, 2010Gahap124354, 2010) on the ground that credit card companies knew or could have known that the damage would be transferred to the non-party company as it is.

On November 29, 2012, the above court rendered a ruling to the effect that “the Plaintiff, etc. shall pay to each non-party company 260,005,963 won with 5% per annum from December 6, 2007 to November 29, 2012, and 20% per annum from the next day to the day of full payment” (hereinafter “the first instance judgment”).

2) The Plaintiff et al. appealed against the judgment of the first instance [Seoul High Court 2013Na29204, 2013Na29211, 2011)], and the said court on January 30, 2015, the non-party company managed by it (the number of trades conducted by a subsidiary agency).

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