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(영문) 수원지방법원 2018.04.26 2017나67988
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Facts of recognition;

A. The Plaintiff had been using the Chyd’s card and Chyd’s card (hereinafter the above two credit cards together referred to as the “instant credit card”) issued by the Defendant.

B. From May 18, 2016 to June 2, 2016, the cash of 354,000 PHP, PHP, and the currency of the Republic of the Philippines (including fees, 9,655,805 won) was withdrawn in total on 36 occasions in the Philippines using each Plaintiff’s name holder or Chyd credit card. From July 21, 2016 to July 24, 2016, the cash of 280,000 PH (including fees) was withdrawn in total on 28 occasions in the Philippines.

C. On July 5, 2016, the Defendant filed a claim with the Plaintiff for KRW 10,003,214, and KRW 7,272,548, which was scheduled to settle the account on September 5, 2016, respectively.

On June 29, 2016, the Plaintiff filed an application for compensation for unlawful use with the purport that the cash of KRW 6,734,963 out of the use amount of the said Cwork Card did not have been withdrawn by the Plaintiff.

On September 13, 2016, the Plaintiff filed an application for compensation for unlawful use with the purport that the cash of 110,000 PPs in total among the 11sts in the use of the aforementioned CV card did not have been withdrawn by the Plaintiff.

E. The Defendant’s standard terms and conditions applicable to the instant credit card transaction include the following:

Article 5 (Management of Cards) Since the ownership of a card is a bank, 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 14 Short-term Card Loans (cash Services) ① Members shall be automated within the limit of short-term card loans (cash services) granted by banks.

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