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(영문) 대전지방법원 2018.01.24 2016가단35250
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On August 16, 2013, the Plaintiff entered into a credit card use contract with Defendant D Co., Ltd. (hereinafter “Defendant D”) including the use of credit card loan, and around that time, used F credit cards (credit card number: G; hereinafter “instant credit card”).

B. The Defendant D’s credit card loan is confirmed as follows: (a) the three-dimensional numbers (CVC number) recorded on the back of the credit card real end, which the applicant entered through the automatic voice response system (hereinafter “ARS”), are actually identical to the applicant’s credit card number, credit card password, and the credit card real side; (b) the applicant sent the certification number via mobile phone Sms in the applicant’s name; and (c) when the applicant enters the certification number transmitted, the counselor then sent the phone to the mobile phone in the applicant’s name and then deposited the loan to the account in the applicant’s name.

C. The terms and conditions of personal member and credit card loan agreements applicable to the instant credit card service contract between the Plaintiff and Defendant D are as follows.

(hereinafter “Terms and Conditions of this case”) . [Personal Credit Card Member] Article 3 (Management of Card) (1) of the Credit Card Member's Terms and Conditions of this case] . The member shall, upon being issued with the card, directly sign the card in the card signature column and shall not allow any other person, other than his/her spouse and family member, to use the card.

(2) Since the ownership of a card is in the card company, a member shall not use the card for the purpose of lending, transferring, or collateral to a third party, 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 13 (Credit Card Lending) (2) Matters necessary for card theory shall be prescribed in separate terms and conditions.

Article 20 (Report on Loss of, Theft from, and Compensation for, Cards) (1) If a member loses or is stolen, he/she shall immediately call the details of the card to the card company.

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