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(영문) 서울남부지방법원 2016.12.16 2015가합102157
손해배상(기)
Text

1. Defendant A Co., Ltd.: (a) each of the Plaintiffs listed in the separate list of Plaintiffs indicated in the separate list of Plaintiffs as to KRW 100,000 and that on March 14, 2015.

Reasons

1. Facts of recognition;

A. The status of the parties (1) Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) is a company established jointly by financial institutions, such as 19 banks, credit card companies, and insurance companies in Korea, and conducting credit inquiry and credit investigation as prescribed by the Use and Protection of Credit Information Act.

(2) Defendant A Co., Ltd (hereinafter “Defendant A”) is a company engaging in the business of issuing, selling, and managing credit cards, pre-paid cards, and debit cards.

(3) The Plaintiffs are those who have used or used a credit card, etc. upon entering into an additional financial service contract with Defendant A on the use of credit cards and credit settlement.

B. A development service agreement for the card accident analysis system of the Defendants (1) The card accident analysis system (hereinafter referred to as the “FDS”) is introduced by all domestic credit card companies as a system to detect transactions or fraudulent use as long as it is due to the theft, loss, forgery, etc. of credit cards.

According to the FDS, when it is discovered that a large amount of card use information and customer information were used based on the past accident transaction and that a type of transaction was generated according to statistical techniques based on the results, it is possible to take measures such as refusing to grant credit card approval if it is discovered that a type of transaction was created according to an accident pattern analyzed in the course of using credit cards.

(2) After introducing FDS in around 2006, Defendant A requested D or Defendant B to provide services related to FDS business in order to implement a regular LDice.

C is an employee of “D” from October 2009 to April 2010, and from September 2013 to December 2013, Defendant B’s employee, who participated in the business of developing and installing FDS entrusted by the Defendant A as a general manager of the project, and on the ground that it is necessary for work during the FDS development process.

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