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1. The Plaintiff’s lawsuit against Defendant Samsung Card Co., Ltd. based on a credit card purchase contract of KRW 5,000,000.
Reasons
1. Basic facts
A. Defendant Ring machine Loss Insurance Co., Ltd. (hereinafter “Defendant Ring machine”) concluded a savings contract between the Plaintiff and the Plaintiff, and the Plaintiff paid the insurance premium by automatic transfer via the Plaintiff’s bank account (B) each month to Defendant Ring machine Loss Insurance.
B. On October 15, 2013, Defendant Barn Policy: (a) approved an application for a loan under the Plaintiff’s name on the website of Defendant Barn Loss Insurance; and (b) remitted total amount of KRW 10,950,000 to the national bank account (B) in the name of the Plaintiff.
C. The Plaintiff entered into a credit card use contract with Defendant New Card Co., Ltd. (hereinafter “Defendant New Card”) and obtained a credit card from Defendant New Card and used it.
The main contents of the terms and conditions agreed by the Plaintiff to enter into a contract with Defendant New Card and Credit Card Use Contract are as follows:
Article 3 (Management of Card) (2) of the Terms and Conditions of Individual Members (Management of Card) because the ownership of a card is a card company, a member shall not use the card to a third party for the purpose of lending, transferring, or collateral, and shall use and manage the card with due care as a good manager.
4. All responsibilities arising from the breach or neglect of the implementation of paragraphs 1 through 3 shall be borne by the members.
Article 12 (cash Services) (1) Members may receive cash services within the limit of cash services granted by a credit card company according to the methods determined by the credit card company, such as automation equipment, telephone, Internet, etc.
(2) When a member uses a transaction under paragraph (1), the number reported by the credit card company and the password entered at the time of applying for cash services shall be immediately paid or deposited in the credit card settlement account (or the account in the name of the member designated) by the member within the date separately determined by the credit card company.