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(영문) 서울중앙지방법원 2018.12.05 2018나43509
신용카드이용대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Basic Facts

On February 15, 2017, the Plaintiff borrowed KRW 7 million (hereinafter “instant loan”) from the Internet homepage after receiving the application for the card loan (name of commodity: KB people’s loan”) under the Defendant’s name in an electronic document. During that process, an authorized certificate issued by a licensed certification authority, the check of existing physical card information, and the mobile phone certification under the Defendant’s name were used.

On February 17, 2017, the Plaintiff issued a credit card (hereinafter “instant credit card”) upon receipt of the application for membership of the Defendant’s credit card under the Defendant’s name by electronic document. During that process, the Plaintiff’s issuance of resident registration certificates, confirmation of information on existing physical cards, and certification of mobile phone under the Defendant’s name were used.

Since then, the amount of the instant loan and the instant credit card user fee in arrears as of October 12, 2017 is KRW 6,645,805, the agreed interest rate of KRW 29,079, overdue interest of KRW 116,41, and KRW 8,939,521, the principal of the instant credit card user fee of KRW 939,521, the fee of KRW 94,137, overdue interest of KRW 16,014,77, and the overdue interest rate of the instant loan and credit card user fee of KRW 23.3% per annum.

[Grounds] Facts without dispute, Gap evidence Nos. 1 through 5, the purport of the entire argument, and the purport of the whole argument by the parties concerned in the electronic commerce under the defendant's name were lawfully conducted through identification and digital signature by the authorized certificate. The credit card of this case also verified the defendant's financial information and personal information and issued them normally. Thus, the defendant is obligated to pay to the plaintiff delay damages for the total amount of 16,014,77 won and 15,585,326 won.

The Defendant did not grant a loan or application for the issuance of credit cards to the Plaintiff, and the Defendant B, a child of the Defendant.

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