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(영문) 서울고등법원 2018.06.21 2016나2064952
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is a corporation that operates business such as the issuance, sale, and management of credit cards, pre-paid cards, and debit cards, and B (hereinafter referred to as the "B-affiliated bank").

[2] The Credit Information Use and Protection Act (hereinafter “Credit Information Act”) shall apply to a company incorporated jointly by financial institutions.

(2) The Plaintiffs are those who have used or used a credit card, etc. upon entering into a contract for the use and financial transaction with the Defendant.

B. The concept of card accident analysis system and the introduction card accident analysis system (hereinafter “FDS”) are introduced by all domestic card companies as a system for detecting abnormal transactions or fraudulent use due to the theft, loss, and forgery or alteration of credit cards.

FDS may establish an analysis model in accordance with statistical techniques based on the past accident transaction using large amount of card use information and customer information, and based on this, it may detect the occurrence of abnormal type of transaction in advance or in real time according to an accident pattern analyzed in statistically at the time of using a credit card, and take measures such as refusing to grant credit card approval in such cases.

C. Around 2006, the Defendant: (a) entered into the FDS development services agreement and provided card customer information; (b) around 2006, the Defendant introduced FDS to conduct a regular new business; and (c) requested the KDC or the KDB Co., Ltd. to provide services related to FDS business.

D From October 2009 to April 201, 2010, D is an employee of the Dispute Resolution Co., Ltd., and from September 2013 to December 2013, 201, the company from September 2013 to December 2, 2013, and the company from the Defendant on the ground that it is necessary for work in the FDS development process while participating in the FDS development and installation business entrusted by the Defendant.

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