The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Basic facts

A. Upon receipt of an application for the issuance of a credit card, the Plaintiff issued one credit card in the name of the Defendant (credit card number C; hereinafter “instant credit card”), which was delivered to the applicant on November 21, 2014.

B. As of April 4, 2018, the instant credit card use price is KRW 22,103,510 (i.e., principal amount of KRW 21,61,769; KRW 491,741, such as overdue interest of KRW 21,61,769; and this includes card theory of KRW 8,000,000 on December 8, 2014 and card theory of KRW 6,800,000 on July 24, 2015; and the agreed overdue interest rate of KRW 23.5% per annum.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 4, 8, and 11, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff's credit card of this case is issued with the defendant's consent, and the defendant is responsible for the amount of use.

Even without the consent of the defendant, since the defendant granted D basic power of representation, such as granting identification cards, etc., the defendant shall be held liable for expressive representation pursuant to Article 126 of the Civil Act. If the liability for expressive representation is not established, the defendant aiding and abetting D to issue the credit card of this case without permission by negligence, and thereby, the plaintiff suffered a loss equivalent to the claim amount, so the defendant shall be held liable

B. The Defendant’s instant credit card was used with the Defendant’s friendly D’s consent without the Defendant’s consent.

Therefore, the defendant cannot respond to the plaintiff's request.

3. Determination

A. In light of the following circumstances revealed by Gap evidence Nos. 1, 6, and 8, Eul evidence Nos. 2 and Eul evidence Nos. 2, and the result of the written appraisal by appraiser E, the applicant for the issuance of the credit card of this case is not the defendant but the defendant.

① According to the record of the call (No. 2) at the time of issuance of the instant credit card, the applicant stated that his/her mobile phone number is “F”, which is DNA mobile phone number.