On 20 13 1.03, Wang bought electrical equipment with a value of 1.5 million yuan from Jiayuan Company, and paid all the payment through a bank card provided by a POS machine. Houjiayuan Company handled a full refund for Wang with POS machine, printed the transaction voucher (transaction receipt) and gave it to Wang for signature. The cardholder's signature indicates: "I agree to the above transaction and agree to charge it to this card account." Since Wang has never received the payment, he sued a bank to the court according to the above transaction voucher, and requested to order a bank to pay the payment of1.5000 yuan on the grounds that there was a contractual relationship between the two parties. A bank said that it was only one of the links in the transaction fund settlement service, and it had no contractual relationship with Wang, nor did it receive a refund from Jiayuan Company, so it disagreed with Wang's claim.

[Disagree]

There are two disputes in this case: first, the rights and obligations between Wang, the bank and Jiayuan Company after the termination of the sales contract; Second, whether the transaction voucher can show that the bank has a contractual obligation to pay a refund to Wang.

One view is that after the termination of the sales contract, Jiayuan Company should refund the payment to Wang, and the company will use the POS machine to handle the refund. Wang signed the refund transaction voucher, indicating that Wang agreed to this refund method, that is, he agreed to implement the refund by a bank, which became the performance assistant of Jiayuan Company. Now that Wang has not received a refund, the real estate company should be responsible for Wang, so the case of Wang v. a bank should be rejected.

Another view is that after the termination of the sales contract, Jiayuan Company is obliged to return the payment to Wang. When a company uses a POS machine provided by a bank to print a refund transaction voucher, it can be considered that the company transfers its refund obligation to the bank, and Wang's signature on the transaction voucher can be regarded as Wang's consent to the transfer of creditor's rights. Therefore, a bank is obliged to refund the payment to Wang, and Wang's claim can be supported.

[analysis]

The author agrees with the first opinion.