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(영문) 서울중앙지방법원 2015.04.08 2014나35807
채무부존재확인
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Facts of recognition;

A. On October 16, 2012, the Plaintiff received a certificate of personal seal impression, passbook and its password, copy and copy of resident registration certificate, resident registration certificate, and the credit card and its password issued by the Defendant, and issued a credit card and its password to B on the Internet on the ground that it is necessary for the loan review procedure. As seen in the above, B obtained a loan by using the above credit card, and the credit card number is inevitably required to enter the above transaction. In light of this, the Plaintiff appears to have known the credit card password to B.).

B. B forged power of attorney using documents, etc. delivered by the Plaintiff, and then subscribed to the mobile phone in the name of the Plaintiff to the case corporation, and obtained an authorized certificate.

C. On October 23, 2012, B applied for a credit card loan of KRW 9 million by telephone using the above credit card issued by the Defendant, and received deposit from the Plaintiff’s bank account in the Plaintiff’s name, and received a total of KRW 1.8 million cash service.

Relevant provisions in the defendant's individual credit card standard terms are as follows:

Article 20 (Reporting on Loss or Theft of Cards and Compensation) (3) If a member falls under any of the following subparagraphs, the member shall assume all responsibilities for unlawful use (excluding the occurrence after the time of reporting the loss or theft):

2. In the case of unlawful use of a card due to a signature, management neglect, lease, transfer, storage, delegation of use, provision of security, illegal loan, etc., the card company under Article 22 (Liability related to a password) shall not be held liable even if damage to the member is incurred due to theft, loss, or any other accident, if the card company confirms that the personal identification number recorded in the card company is the same and the personal identification number reported in the card company is the same as that recorded in the card company, such as cash service, card theory, electronic commerce, and electronic commerce.

(b).

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