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(영문) 서울고등법원 2019.10.16 2018나2063700
온라인복권판매인계약해지 무효확인의 청구
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1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 4,177,116 and the plaintiff on May 2019.

Reasons

1. Basic facts

A. The Defendant is a corporation that is entrusted with lottery ticket business under the Lottery Tickets and Lottery Fund Act and operated lottery ticket sales and brokerage business. The Plaintiff is a person who runs lottery ticket sales business in the name of “C” after concluding an online lottery ticket sales contract with the Defendant.

(hereinafter referred to as “instant online lottery ticket sales store”) operated by the Plaintiff.

The Plaintiff entered into an online lottery ticket sales contract with the Defendant and operated the online lottery ticket sales store since before 2016. On October 30, 2017, the Plaintiff entered into an online lottery ticket sales contract with the Defendant for the contract term from December 2, 2017 to December 1, 2018 (hereinafter “instant contract”). The relevant provisions of the instant contract and relevant provisions are as follows.

Article 6 (Restriction, etc. on Sale of Online Lottery Tickets) (1) A person who fails to enter into a contract on the sale of lottery tickets with a lottery business operator shall not sell online lottery tickets for profit.

Article 31 (Guidelines on Issuance, Management and Sale of Lottery Tickets) The Korea Lottery Commission may prepare guidelines on the issuance, management and sale of lottery tickets for the efficient conduct of business of issuing lottery tickets and the supervision and supervision of entrusted business operators and re-entrusted business operators.

(1) The Korea Lottery Commission may sell lottery tickets online only through sellers selected pursuant to Article 8 (2).

Provided, That this shall not apply to cases falling under the criteria for the sale of a third person determined by the Korea Lottery Commission.

The sale of an employee by the Korea Lottery Commission (Korean Lottery Commission, etc.) shall be deemed his/her own sale: Provided, That when an employee is employed, a separate written employment contract shall be concluded, and the payment shall be made by the contractor on a regular basis in the online passbook so that it can be verified by depositing it directly in the online passbook.

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