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(영문) 서울중앙지방법원 2017.05.17 2016가단151498
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) against the Industrial Bank of Korea KRW 4,500,571 and its 4,277,99 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. B, who promised to marry as the cause of the Plaintiff’s claim, applied for membership with a credit card in the name of the Plaintiff without the Plaintiff’s permission, and received an approval card from the credit card company upon the request of the credit card company to accept at an erroneous point.

B has stolen the cards kept by the Plaintiff and used them without permission.

Since there is no reason to pay the card price in the name of the plaintiff who was issued by the defendant B, it is sought to confirm the absence thereof.

2. Facts of recognition;

A. Defendant Industrial Bank of Korea (Industrial Bank of Korea) confirmed the Plaintiff’s resident registration certificate and received an application for membership of a credit card solicitor. (2) On January 7, 2016, the Defendant confirmed whether the Plaintiff’s cell phone (C and the same as the same) applied for membership.

3) The Plaintiff’s account under the Plaintiff’s name ( Daegu Bank D; hereinafter “instant account”) from March 3, 2016 to November 5, 2016.

(4) The interest rate for delay in a credit card contract is 24% per annum, and the unpaid amount of the credit card use price as of February 15, 2017 is the total of KRW 4,50,571 (i.e., principal balance of KRW 4,277,99 and KRW 222,572).

【Reasons for Recognition】 Each entry in the Evidence Nos. 1 through 7, the purport of the whole pleadings

B. On February 23, 2011, the Plaintiff subscribed to the Defendant’s credit card member on February 23, 201, and directly received the credit card that was issued upon the renewal of the period on March 19, 2016. (2) The Plaintiff paid the credit card payment through the instant account from 2011 to 2016.

3) As of March 3, 2017, the unpaid amount of credit card usage charges as of March 3, 2017 is KRW 7,066,765 (i.e., principal KRW 6,623,332 fee of KRW 257,102 overdue charge of KRW 186,31). [The entry in each of the evidence evidence A through 7, and the purport of the entire pleadings.]

C. The Defendant, on February 2, 2016, applied for the issuance of a card in the name of the Plaintiff on the Internet.

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