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.

1. Summary of the parties' assertion

A. (1) On September 4, 2001, the Defendant concluded a credit card subscription agreement with EL branch (hereinafter “EL branch card”) and used credit card and credit card loan loan service, but did not pay credit card fees and credit card loan loan (hereinafter “instant loan, etc.”). On May 13, 2005, the Plaintiff acquired the principal of the instant loan, etc. against the Defendant from EL branch card and its interest and delay damages claim, and thus, the Defendant is obligated to pay the Plaintiff damages for delay as to the principal amount of KRW 33,445,848 and the principal amount of KRW 10,756,072.

(2) Even if the Defendant did not enter into an insurance contract with EL card holders, the Defendant confirmed on April 8, 2006 the Defendant’s husband’s non-authorized representative debt, etc., and thus, the Defendant is obligated to pay the Plaintiff the principal and interest of the loan, etc.

B. The Defendant did not enter into an insurance contract with Defendant EL card holders or use credit cards using credit cards and credit card loan services without permission. Since B entered into an insurance contract with EL card holders by forging the Defendant’s signature without permission, the Defendant cannot respond to the Plaintiff’s request premised on the fact that the Defendant entered into the insurance contract with EL card holders.

2. Determination

A. The following circumstances, which can be acknowledged by comprehensively taking account of the results of the written appraisal by the court of the trial on the claims under a credit card holder subscription agreement and the overall purport of the pleadings, are, namely, the written application for a credit card member membership No. 2 (EL card member) appears not to be the Defendant’s pen book, and the Plaintiff may support the Defendant’s intent to conclude a contract at the time of entering into a credit card member subscription agreement or the Defendant’s delegation on the above contract.