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(영문) 서울중앙지방법원 2016.06.22 2015나71589
대여금
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

1. Facts of recognition;

A. On January 28, 2005, the Defendant entered into a credit card membership agreement with the Plaintiff (the National Bank of Korea was established by dividing only the part of the card business at the National Bank of Korea, but was established on March 2, 201) and was issued a credit card.

B. Article 24 (Liability related to Secret Number) of the Plaintiff’s standard terms and conditions for personal credit card holders provides that “Where a credit card company engages in a transaction using a password, such as cash service, card loan, electronic commerce, etc., the input password and the password reported to the credit card company, and processes cash service, card loan, electronic commerce, etc., with the same stated contents, it shall not be held liable even if any damage is incurred to the member due to theft, loss, or other accidents: Provided, That the same shall not apply to cases where the credit card company has no intention or negligence, such as leakage of secret numbers due to imprue violence or harm to the life or body of himself/herself or relatives.”

C. The procedure for a credit card holder to obtain a loan from the Plaintiff via the Internet, i.e., “credit card loan” is as follows.

B et al., around January 28, 2015, the Defendant misrepresented the employees of the new bank to give a loan, and the Defendant provided the financial transaction information, etc. to B, etc.

E. B, etc. using the financial transaction information received from the Defendant, received KRW 1,201 using a temporary payment card from the Plaintiff, KRW 189,29,292 using an installment transaction card, KRW 1,400,000, and KRW 13,00,000, using card loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan

F. The amount of credit card loan and cash service was transferred to C’s account on January 28, 2015 and January 29, 2015 after deposit into the account under the Defendant’s name.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 11, and

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