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(영문) 서울고등법원 2020.01.16 2017나2017083
손해배상(기)
Text

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

The defendants are the defendants.

Reasons

1. Basic facts

A. 1) The Plaintiff purchased financial automation equipment from the Defendants as seen below, as a bank established for the purpose of establishing an efficient credit system with respect to small and medium entrepreneurs. 2) Defendant R&A Co., Ltd. (former trade names: A Co., Ltd.; hereinafter referred to as “Defendant R”) and Defendant B Co., Ltd. (hereinafter referred to as “Defendant D”) on January 1, 2013, which was divided by the financial automation business division of the said company at the time of the instant collusion, but was merged with Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”), Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”), Defendant D Co., Ltd. (hereinafter referred to as “Defendant C”), and Defendant D Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd. at the time of the instant collusion, but it became the complete subsidiary of Defendant C after acquiring it and changing its trade name to “D Co., Ltd.”).

(b) the structure and characteristics of the financial automation machine market (i) the type, structure, etc. of the financial automation machine market means the machine made for customers of banks, post offices, or other financial companies to receive financial services, such as direct cash withdrawal, etc. without the aid of their employees;

Of the financial automation devices, the representative of the cash input machine is the cash input machine (hereinafter referred to as "ATM machine") and the cash automatic exit machine (Cash Dispens).

ATM shall handle almost all affairs that can be performed at the bank counter, such as automatic arrangement of passbooks, various card affairs, remittance, and payment of insurance premiums and installment savings, in addition to cash and check deposits.

Cash automatic withdrawals are limited to cash and checks, affairs related to cards, account inquiries, etc.

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