1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The Defendant living together with C from 2014 to 2015.

C, on February 23, 2015, access to the Plaintiff’s website and opened to the Defendant’s name through the Defendant’s driver’s license, etc., and obtained and used a credit card under the Defendant’s name from the Plaintiff through the mobile phone identification and the Defendant’s driver’s license.

Accordingly, the details of the credit card payment for the plaintiff who suffered from the defendant's name are as follows.

On November 5, 2014 and August 3, 2015, the Plaintiff given real-time notice of the details of entry and withdrawal using the aforementioned mobile phone number opened under the name of the Defendant, and the Plaintiff was also liable to pay the Plaintiff the credit card payment obligation every 17th day of each month from the bank account in the name of the Defendant designated by C as the settlement account.

C was prosecuted for an unlawful use of the Defendant’s name, including the above act, and obtained a credit card from four card companies and used the credit card, as a crime of fraud, fraud, electronic records, etc. (the Busan District Court Decision 2017Da5293). The conviction of imprisonment was finalized.

[Reasons for Recognition: Descriptions of Gap evidence 1 to 8, Eul 1 and 2 (including paper numbers), party members' letter of order to provide financial transaction information to E bank]

2. Assertion and determination

A. The Plaintiff’s assertion (1) The Defendant is obligated to pay KRW 12,007,139 as the Defendant obtained and used a credit card under his own name, and even if not, it confirmed C’s act of issuing and using a credit card through real-time notification and settlement of E bank, and thus, the Defendant is obligated to pay the credit card price.

(2) As the Defendant granted C fundamental power of representation by opening a mobile phone under his/her name or issuing a passbook, password, identification card, and authorized certificate, etc., the Defendant is liable for the expressive representation for the card payment obligation pursuant to Article 126 of the Civil Act.

(3) Even if the Defendant’s contractual liability is denied, the Defendant aids and abets the use of the name C by negligence or information.