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(영문) 서울고등법원 2016.10.06 2016나2020051
마일리지청구
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. 1) D Co., Ltd., the Defendant’s telegraphic transfer of credit card companies, after dividing the company into E Co., Ltd. on September 1, 2014, transferred all rights and obligations relating to the credit card business sector to E Co., Ltd., and thereafter, E Co., Ltd., upon combining I Co., Ltd. on December 1, 2014, changed its trade name into “B Co., Ltd., Ltd.” as of December 1, 201; hereinafter “Co. D”) and “B Co., Ltd.,” without distinguishing between “Defendant Co., Ltd.” and “B Co., Ltd.,” and “Defendant.” The “instant card” (hereinafter referred to as “instant card”).

(2) On October 2012, the Plaintiff entered into a contract with the Defendant for membership of the instant card (hereinafter “instant contract”) with the Defendant through the Defendant’s Internet credit card website (hereinafter “instant contract”) and was issued the instant card. In addition to the credit purchase function of the credit card, the instant card was sent out as a product providing various additional services, including the accumulation of mileage (the mileage that can be converted into the mileage of various airlines at the time when the subscriber wishes to use) per 1,500 won.

The term of validity of the instant card issued by the Plaintiff is until October 30, 2017, and annual fees is KRW 100,000.

Since August 12, 2013, the Plaintiff received a re-issuance of the instant card on the ground of the damage of the card, and the term of validity of the re-issuance card up to December 2018.

B. On February 26, 2013, the Defendant changed the value-added service: (a) reduced the rate of accumulation per 1,500 won from September 1, 2013, which was provided to the instant card members, from 1,500 won due to the aggravation of the profitability of card products following the change of market environment due to the Internet homepage, notice, etc. to the members, including the Plaintiff; and (b) notified that other additional services reduce the conditions and frequency of provision.

C. Personal member terms of the instant card.

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