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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. The defendant is against the plaintiff succeeding intervenor 20,591.
Reasons
1. Basic facts
A. On May 4, 2011, the Defendant entered into a contract for the issuance and use of a credit card (hereinafter “instant credit card use contract”) with the K non-National Card Co., Ltd. (hereinafter “National Card”) and had it used the “NNB Card” (hereinafter “instant credit card”) under the name of the Defendant from the national card.
B. On December 11, 2011, a credit card loan of KRW 11,700,000 with the instant credit card (hereinafter “instant loan”) was made pursuant to the Defendant’s loan application (hereinafter “instant loan application”) and the said loan was deposited into the account of a national bank account in the name of the Defendant.
C. At around 13:48 on the same day, the Defendant received a report of damage as follows at the Incheon Reinforcement Police Station:
A D CJ EF B
D. On June 21, 2013, the Plaintiff acquired the instant credit card user’s claim against the Defendant and the instant loan claims from the national card, and notified the Defendant of the assignment of claims on or around June 23, 2014 upon delegation of the National Card, the transferor.
E. On January 26, 2018, the Plaintiff’s succeeding intervenor acquired the instant credit card user’s claim against the Defendant and the instant loan. On April 6, 2018, the Plaintiff notified the Defendant of the said assignment of claim.
F. The major contents of the Plaintiff’s card theory terms and conditions (hereinafter “instant terms and conditions”) are as follows.
Article 1 (Persons Eligible for Credit Card Loans) If deemed appropriate, a credit card company may use a card theory through a separate examination by the credit card company within the scope of the amount of loans set by the credit card company, and in such cases, the settlement time and rate of principal, fees, other interest, etc. and the minimum amount of loans shall be determined by the credit card company.
Article 2 (Application for Credit Card Lending) (1) The application for card loan shall be made separately by the card company's main and branch office, card company and the main and branch office of the institution affiliated or delegated with the card company.