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(영문) 의정부지방법원 2017.11.24 2014가합3709
채무부존재확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) Issuance and use of credit cards 1) Defendant New Card Co., Ltd. (hereinafter “Defendant New Card”)

On March 18, 2014, upon receipt of an application for the replacement of a credit card under the Plaintiff’s name by telephone, the Plaintiff’s home and workplace address, settlement bank, mobile phone number, etc., and then issued a credit card (credit card number B) in the Plaintiff’s name. The Defendant’s new credit card was sent to the Plaintiff’s workplace address (Seoul Jung-gu C) confirmed at the time of the application for the said credit card on March 20, 2014, and the receipt stating the signature that the Plaintiff received the said credit card was written. The said credit card was 44,069,90 won (the same as the amount stated in paragraph (1) of the attached Table) in total under the name of the automobile price, etc. from March 20, 2014 to March 24, 2014.

2) On March 25, 2014, Defendant Hyundai Card Co., Ltd. (hereinafter “Defendant Hyundai Card”) received an application for the issuance of a credit card under the name of the Plaintiff from D, a solicitor of the Gong branch office of the Plaintiff, and issued the credit card (credit card number: E) in the name of the Plaintiff.

On March 26, 2014, the Defendant Hyundai Card delivered the said credit card to the Plaintiff’s workplace address (Seoul Jung-gu C) indicated in the application form.

From March 26, 2014 to April 14, 2014, total of KRW 42,063,080 (the same shall apply to the amount stated in paragraph (2) of the attached Table) was settled with the credit card.

3) Defendant Korea Card Co., Ltd. (hereinafter “Defendant Korea Card”)

On March 28, 2014, upon receipt of an application for the issuance of a credit card under the Plaintiff’s name on the Internet, the Plaintiff issued a credit card (F) in the name of the Plaintiff on the same day through the verification of the authorized certificate. On April 1, 2014, the Defendant’s Korean card issued the said credit card to the Plaintiff’s workplace address (Seoul Jung-gu C) indicated on the Plaintiff’s application for the credit card, and the receipt indicating the Plaintiff’s receipt was recorded. The receipt indicating the signature that the Plaintiff sent the said card to the Plaintiff’s workplace address (Seoul Jung-gu C) and received it was recorded with the said credit card. The amount indicated in paragraph 3 of the attached

(iv) any ice Card Co., Ltd.;

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