A consumer tried to use the coupon he received after refueling, but the gas station did not receive the coupon, saying that the representative was changed.
A had a total of eight 50,000 won coupons and could wash the car once per 50,000 won.
However, the gas station claimed that the coupon could not be used because the representative was changed months ago.
Mr. A was not informed that the representative had been changed, and claimed that he used it to wash his car a week ago, and demanded the debt of the remaining coupons.
On the other hand, the gas station claimed that when it took over the gas station, it allowed coupons distributed by existing operators to be used for two months and notified them sufficiently with banners.
In addition, he said that what A used a week ago was a mistake of the car wash, so he could not accept A’s request.
The Korea Consumer Agency said the gas station should provide eight free car washing services required by A.
Currently, the president of the gas station has acquired the business from the previous operator and uses the same name in the same location.
Therefore, if the business transferee continues to use the transferor’s name pursuant to Article 42 (1) of the Commercial Act, the transferee is also responsible for reimbursement of the third party’s bonds due to the transferor’s business.
Article 42 (2) of the same Act states that it does not apply when the transferee is not responsible for the transferor’s debt without delay after receiving the business transfer, but it is difficult to say that the transferee and the transferor notified a third party at that time.
In addition, even if A’s coupons are viewed as “gift certificates” in accordance with the Consumer Dispute Resolution Standards, the business transferee must fulfill its obligation to repay even if there is a business transfer by a previous operator, who is a gift certificate issuer.