beta
Text
1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 6% from January 9, 2018 to May 8, 2019.
Reasons
1. On March 22, 2012, Defendant, including theft of credit cards, was issued a credit card by the Plaintiff, a credit card company, and thereafter, the credit card (E) was reissued on October 11, 2016.
After that, on November 2016, F was found to live together with Defendant’s married G and began to reside at Defendant’s office, and on December 3, 2016, F stolen and used the above credit card under the inside bank supervision.
As of January 8, 2018, the F's credit card use details are as follows:
Of the total sum of attempted principal 35,682,373 won, the price using the password is 27,50,318 won (cash service 2,50,322 won card loan 24,99,996 won), the price for which the password is not used is 8,182,05 won, and the overdue interest rate determined by the Plaintiff according to the credit card use terms and conditions was 27.9% per annum from March 3, 2016 to February 7, 2018.
Under the credit card use terms and conditions, even if a password is leaked from the card transaction using a short-term card loan (cash service), long-term card loan (credit card loan), and electronic commerce transaction using a password as a means of identification and damage to a member, a credit card company is not liable unless it is intentionally or negligently committed by a member (Article 40(2) and Article 42), and a credit card company is not liable if it is unlawfully used by a member's family member or a person living together (including a de facto person) on the other hand, a member bears all or part of his/her liability.
(Article 40(3). [Ground of Recognition] Fact that there is no dispute, Gap evidence 1 through 3, Eul evidence 3-1 and 2, and the purport of the whole pleadings.
2. Determination
A. According to the facts found above, under Article 40(2) and Article 42 of the Credit Card Use Clause, the Defendant is liable for the F’s unlawful use amount of F credit card 27,50,318, using a password, and on the other hand, a person living together under Article 40(3) of the Credit Card Use Clause.