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(영문) 서울중앙지방법원 2020.08.14 2019가단5069823
구상금
Text

1. The Defendant: (a) KRW 28,919,528 to the Plaintiff and the Plaintiff’s 6% per annum from November 2, 2018 to December 1, 2018; and (b).

Reasons

1. Basic facts

A. A. Around June 2018, the Defendant operating a lodging business under the trade name of the parties D with the Plaintiff’s Intervenor B Co., Ltd. (hereinafter “B”) entered into a credit card merchant special agreement with the Plaintiff’s Intervenor B to sell on a hand together with the credit card merchant agreement in accordance with the standard terms and conditions of the credit card merchant agreement (hereinafter “the special agreement for the instant hand-time sales”). The main contents

Article 2 (Definition of Terms) (3) The term "overseas card" means a credit card, debit card, and prepaid card issued by an overseas credit card company affiliated with the credit card company.

Article 5 (Methods of Credit Sales) (3) Where a credit card merchant has been revoked or has not completed a transaction after obtaining approval for a transaction, it shall immediately request the credit card company to revoke approval by means of credit card terminals or other credit card companies.

Article 15 (Liability for Illegal Use of Cards) (1) A card company shall not have a chain store bear any loss incurred from any of the following transactions:

However, if the card company proves the intention or gross negligence of the franchise store for the transaction, it may require the franchise store to bear all or part of the loss.

1. Transactions by lost or stolen cards;

2. A transaction by using a forged or altered card;

(2) The intention or gross negligence of a chain store in paragraph (1) shall be as follows:

1. Where a credit sales business entity has transacted without complying with the matters to be observed under Article 6 (2);

3. Where a chain store has offered a public offering, offered a discount, or cooperated in the transactions under subparagraphs of paragraph (1);

5. If a credit card company fails to respond to or interferes with an investigation to determine whether the credit card company has illegally used it, Article 2 (Definition of Terms) of the Credit Card Company's Special Agreement for the Sales of TV Instruments is "TV-time Sales".

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