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(영문) 서울고등법원 2018.08.23 2016나2065788
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Defendant is a stock company that runs the business of issuing, selling, and managing credit cards, pre-paid cards, and debit cards, and B Co., Ltd. (hereinafter “B”).

(1) The Credit Information Use and Protection Act (hereinafter referred to as the “Credit Information Act”) shall apply to a company incorporated jointly by a financial institution.

(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 the Defendant.

B. The concept of card accident analysis system and the introduction card accident analysis system (hereinafter “FDS”) are introduced by all domestic card companies as a system for detecting abnormal transactions or fraudulent use due to the theft, loss, and forgery or alteration of credit cards.

FDS may establish an analysis model in accordance with statistical techniques based on the past accident transaction using large amount of card use information and customer information, and based on this, it may detect the occurrence of abnormal type of transaction in advance or in real time according to an accident pattern analyzed in statistically at the time of using a credit card, and take measures such as refusing to grant credit card approval in such cases.

C. Around 2006, the Defendant entered into a 1FDS development service agreement and provided card customer information, which requested C or B to provide services related to the FDS business at each time.

D The reason is that it is necessary for the companies to engage in the work in the FDA development process as C’s employees from October 2009 to April 2010, and B’s employees from September 2013 to December 2013, 2013.

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