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(영문) 서울중앙지방법원 2017.11.27 2016나67242
신용카드이용대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The following facts are without dispute between the parties:

The defendant obtained a credit card from the plaintiff and used the credit card. On August 2014, the defendant received the cash service of 2 million won with the above credit card.

On September 25, 2014, the Plaintiff approved the application for a credit card loan under the name of the Defendant by telephone application, and deposited KRW 7.5 million with the Defendant’s deposit account.

Judgment

The plaintiff asserts that the plaintiff claims the credit card price as stated in the claim, including the above loan balance, and the defendant argues that he did not have applied for the loan on September 25, 2014.

Judgment

In full view of the following facts and the purport of the entire argument admitted by the court, loans extended by the defendant on September 25, 2014, which are the part disputing the defendant, can be inferred as loans normally executed upon the defendant's request, and each statement in B-1 through D alone is insufficient to reverse it, and there is no other counter-proof.

On September 25, 2014, the above loans were deposited in the Defendant’s bank account (Account Number: B) with the Defendant’s credit card settlement account.

However, the above deposit account is an account in which the national pension paid to the defendant is deposited every month and used by the defendant.

The credit card settlement date of September 25, 2014, when the above loan was deposited, is the credit card settlement date of the defendant.

However, as seen earlier, KRW 485,486, which was part of the credit card payments for August 2014, including KRW 2 million, was settled on the new wall on September 25, 2014, the balance of the said deposit account became zero won.

Therefore, without additional loans, credit card payments were in arrears.

At the time, a counselor in charge of loan and a credit card applicant accurately stated the defendant's back of the resident number and the credit card settlement date in the process of identification, and the credit card password was also accurately entered.

On October 2, 2014, one million won out of the loans deposited in the above account was withdrawn through the current payment system.

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