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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. Basic facts
A. On October 6, 2014, the Defendant: (a) hospitalized the Plaintiff’s blood card with a parodism; (b) left the Plaintiff’s credit card issued under the name of the Defendant for the settlement of hospital expenses (hereinafter “instant credit card”) to the Defendant’s wife B.
B. On October 18, 2014, B, using the credit card in possession as above, obtained a judgment of conviction of fraud [the Changwon District Court Decision 2015Mo229, 326(combined), 2016Mo45(Consolidated), etc.] on the ground of a criminal act of lending KRW 5,30,000 from the Plaintiff, by calling as the Defendant at the Defendant’s office at his own office, and calling for the name, resident registration number, credit card password, etc. of the Plaintiff.
C. The Plaintiff’s terms and conditions of personal credit card holders include “A member may receive cash services within the limit of the cash services provided by the card company according to the method set by the card company, such as automation device, telephone, Internet, etc., and, in using cash services, a member’s secret number reported to the card company and secret number entered at the time of applying for cash services are the same, immediately pay the amount of application for cash services, or deposit into the card settlement account (or the account designated by the card company) of the member within the date set separately from the card company (Article 12 of the Cash Service). A member may use card theories to the extent that the card company determines and notifies, and the matters necessary for the card theory are set out under separate terms and conditions (Article 13 of the card theory). A bank or non-credit card provides that the secret number recorded in a transaction using a password such as cash service and card, card, electronic commerce, etc. and the secret number reported to the bank, and that it does not incur losses to the member due to theft and other accidents (Article 2).