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(영문) 대전지방법원 2021.01.28 2020나101407
신용카드이용대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. Basic facts

A. On February 13, 2018, C, the Defendant’s work partner, applied for the issuance of a credit card by arbitrarily entering the Defendant’s personal information by accessing the Plaintiff’s Internet homepage, and received a credit card under the Defendant’s name (hereinafter “the instant credit card”) from the Plaintiff, and used it by using it.

B. Around July 12, 2018, the Defendant requested the Plaintiff to pay the instant credit card use fee, which was in arrears, filed an accident report that the Plaintiff was subject to the Plaintiff’s fraudulent use of the credit card name from C.

Accordingly, the Plaintiff submitted a written consent to the criminal complaint (hereinafter “written consent to the criminal complaint of this case”) that includes the following from the Defendant, and filed a criminal complaint against C with the investigative agency around August 9, 2018.

Upon receipt of a written complaint from an investigative agency ② The Plaintiff will withhold the customer’s claim for the use of a thickness card until the investigation is completed.

However, if any of the following causes occurs, the plaintiff immediately claims the amount of deferment of the customer's thickness:

1. Where the client fails to comply with the legitimate request of the plaintiff;

2. Where the customer has agreed with the defendant without the plaintiff's consent.

3. A defendant who has consented, where the defendant's novel is decided not to prosecute (no consultation is held) as a result of the disposition of an investigative agency;

C. During the investigation process, the Plaintiff received from C an agreement payment of KRW 7 million in the amount agreed upon, and subsequently prepared an agreement on the fact of damage, such as theft of credit card name, etc.

(d)

Since then C was prosecuted on the grounds of the facts constituting the crime as described in the above A. and was sentenced to imprisonment with prison labor for one year and six months for all of the facts constituting the crime on November 28, 2019 at the first instance [Se Daejeon District Court 2018 Go-dan 4470, 4656 (Consolidation)] of the said criminal trial.

E. The credit card of this case in arrears as of January 16, 2019

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