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(영문) 서울중앙지방법원 2018.05.31 2017나33925
신용카드이용대금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 14,465,741 among the Plaintiff and KRW 13,889,188 among the Plaintiff, February 2016.

Reasons

1. Basic facts

A. The Defendant and B married on September 27, 2006, but married on May 13, 2016.

B. On October 10, 2014, the Defendant concluded a credit card use contract with the Plaintiff (hereinafter “instant credit card use contract”) and obtained a credit card around that time.

C. The main contents of the standard terms and conditions applicable to the instant credit card service contract for personal members (hereinafter “instant terms and conditions”) are as follows.

Part 1. Article 3 (Management of Card) (1) A member shall immediately sign the card signature box and shall not allow any other person, other than his/her spouse, family member, etc., to use the card.

(c) all the responsibilities arising from the breach or neglect of the implementation of paragraphs 1 through 3 shall be borne by the members of the Council.

Part 3. (Credit Card theory) ① If a member consents to the use of a card loan, he/she may use a car loan to the extent that the card company determines and notifies.

Consent shall be given in at least one way among the electronic documents bearing a certified digital signature under the relevant laws and methods by wire or wireless communication (in such cases, securing fee for evidence, such as whether the person in question is the principal and recording of the content of the consent, etc.).

(2) Matters necessary for card theory shall be determined by separate terms and conditions.

Article 20 (Report on Loss or Theft of Card and Compensation) (3) Members shall be held responsible for illegal use (excluding loss or theft report) in any of the following cases:

2. In cases of unlawful use of a card, such as signature, neglect of management, lending, transfer, storage, delegation of use, provision of security, and illegal loans;

3. If a member's family member or cohabitant (including a de facto person living together) is found to be unlawfully used or used for the same reason as subparagraph 2 or 2 of the year, the card company shall be a member (liability related to a password).

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