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(영문) 서울중앙지방법원 2019.02.20 2017나77628
신용카드이용대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 5, 2014, the Plaintiff entered into a credit card use contract (hereinafter “instant contract”) with the Defendant, and the Defendant was issued a credit card (hereinafter “instant credit card”) from the Plaintiff around that time.

B. C, around September 2016, sent to the Defendant 1, who was in cadastral disorder 3, and then received the instant credit card from the Defendant, and obtained information on the instant credit card, such as the passwords of the instant credit card from the Defendant, and used the instant credit card by taking out the credit card loan from the Plaintiff on October 1, 2016 and using the credit card loan from the Plaintiff on October 200, 200, and October 8, 2016.

C. As of May 12, 2017, the principal and interest arising from the use of the instant credit card is KRW 14,677,659 in total (i.e., the principal in arrears plus KRW 13,190,322 in arrears).

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The gist of the parties’ assertion (i) The Plaintiff entered into the instant contract with the Defendant (D points) who is a person with disabilities, without discrimination against the Defendant on the ground of disability, and issued the instant credit card to the Defendant, in accordance with the recommendations made by the National Human Rights Commission relating to the Act on Prohibition of Discrimination against Persons with Disabilities, the Remedies for Infringement of Rights, etc., and the guidelines for the prevention of unreasonable discriminatory acts by the Plaintiff revised based on

However, the Defendant divulged information related to the instant credit card, such as the password of the instant credit card, to C, and used the instant credit card by obtaining a loan from the Plaintiff using information related to the instant credit card. This is only the Defendant’s negligence of management of the instant credit card, and the Defendant is the Plaintiff in accordance with the Plaintiff’s individual credit card terms and conditions.

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