손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff (hereinafter “Ccafeteria”) was a person operating the instant restaurant, and entered into a credit card contract with the Defendant (hereinafter “instant contract”) around May 2018, and was issued a credit card (credit number D; hereinafter “instant card”) by the Defendant.
B. When the instant card was used in a foreign country (E) around January 1, 2019, the Defendant’s employee called the Plaintiff on January 1, 2019 and confirmed it, and suspended the use of the instant card at the Plaintiff’s request.
C. Around January 2, 2019, the non-party, the Plaintiff’s branch (hereinafter “non-party”) called the Defendant’s customer center and requested the Defendant to suspend or cancel the use of the instant card. The Defendant confirmed the settlement bank, password, CVC number, etc. of the instant card from the non-party and released the suspension of use of the instant card.
After January 3, 2019, from January 12, 2019 to January 12, 2019, a total of KRW 23,776,620 (including KRW 1,00,000 as of January 3, 2019, and KRW 20,000 as of January 12, 2019) was used as the instant card.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 6, Eul evidence 8, 11, and evidence 12, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion contained the instant card in the instant restaurant theater. However, around December 2018, F, who was an employee of the Plaintiff, arbitrarily used the instant card with the instant card posted.
Accordingly, on January 1, 2019, the Plaintiff reported an accident to the Defendant, and suspended the use of the instant card. The Defendant received a telephone from F on January 2, 2019, and voluntarily rescinded the suspension of use of the card, and thereafter, F used the instant card from January 3, 2019 to January 12, 2019, thereby causing KRW 23,776,720.
The Defendant released the suspension of use of the instant card in light of the circumstances in which the use of the said card was suspended.