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(영문) 서울중앙지방법원 2019.05.15 2018나19759
손해배상(기)
Text

1. Of the judgment of the first instance, the part against Plaintiff AH (Plaintiff 34) is modified as follows. A.

The Defendants are jointly and severally.

Reasons

1. Basic facts

A. Status 1 of the parties, etc.) Defendant AI Co., Ltd. (hereinafter “Defendant AI”).

Defendant AJ Co., Ltd. (hereinafter “Defendant AJ”) is a company engaging in business such as credit cards, pre-paid cards, debit cards, and sales and management.

(2) The Plaintiffs are those who have used or used a credit card, etc. upon entering into a contract for the use and financial transaction with Defendant AI and a credit card company under the Credit Information Use and Protection Act.

B. The concept of the card accident analysis system and the introduction card accident analysis system (hereinafter “FDS”) are introduced by all domestic credit card companies as a system to detect abnormal or fraudulent use due to theft, loss, forgery, etc. of credit cards. According to FDS, an analysis model is made based on statistical methods using large-scale card use information and pertinent customer information based on past accident transactions and based on this, if it is discovered that abnormal types of transactions have occurred according to the statistical analysis pattern of the credit card when using the credit card, the credit card approval is refused.

C. Defendant AI’s conclusion of the FDS development services agreement and the provision of card customer information to Defendant AI, around 2009, upon introduction of FDS through Defendant AJ, concluded a development services agreement to trade the FDS that was newly established with Defendant AJ. Around May 2012, Defendant AI again concluded the development services agreement to trade the FDS that was established with Defendant AJ. At the time of the FDS development project, Defendant AJ provided the card customer information that is not converted to Defendant AJ on the ground that it is necessary for the development work during the period of the FDS development project, and Defendant AJ’s general project customer information management, from May 2012 to December 2012.

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