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(영문) 대전지방법원천안지원 2017.11.21 2017가단102514
채무부존재확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On July 8, 2015, the Plaintiff requested the issuance of a credit card by Defendant Company B’s card recruiter, and accordingly, applied for the issuance of a credit card to the Defendant on July 8, 2015, after marking the check in the consent column for the application for a long-term card loan (credit card loan) service.

B. On July 13, 2015, the Plaintiff received the credit card issued by the Defendant (hereinafter “the instant credit card”) from the Defendant, and upon receipt of the request from B, “If a credit card customer uses at least KRW 500,000 per month, he/she shall be paid an allowance, but at least KRW 500,000 per month, he/she shall be allowed to use the credit card, and it shall not be allowed to use it every month.”

B said, the Plaintiff stated that “I, at least KRW 500,000 per month, I would like to change the credit card to be used.” The Plaintiff stated that “I would like to make a well-paid settlement with the price of the credit card,” and the Plaintiff issued the instant credit card to B, and notified the personal information.

C. B, while having opened a password after membership on the website of the Hyundai Card to use the instant credit card, called “the Plaintiff’s cell phone number for the purpose of setting a password is sent to the Plaintiff and the Plaintiff that “the Defendant sent the identification number to the Plaintiff’s cell phone,” and set the password of the instant credit card upon obtaining the Plaintiff’s identification number.

B made installment transactions with the instant credit card, received a short-term card loan (so-called cash service), and applied for a long-term card loan (so-called card loan, hereinafter “the instant long-term card loan”) as indicated in the attached Form and received the said loan in the Plaintiff’s bank account. The installment amount was KRW 22.211,22.21, 6,590,137, and the principal and interest of the short-term card loan, and KRW 3,757,992,621, out of KRW 20,92,621, and unpaid KRW 31,562,960.

E. Meanwhile, on the other hand.

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