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(영문) 서울중앙지방법원 2018.08.17 2017나59576
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 24, 2010, the Defendant applied to the Plaintiff for a new issuance of the “KB Lone Star License” credit card, and entered the card receipt area into the Defendant’s address “(in person), B, and mobile phone D” as the third claim address of the Defendant, which was the place of the third claim.

(The customer information inquiry table of the plaintiff was respectively listed in the defendant's domicile and mobile phone number as "Songyang-gu E apartment 223-1006" and "F". (B)

On October 22, 2013, an employee of the call center of the Plaintiff made contact to the Defendant in order to recommend the additional subscription of the “n point KB credit card” as “D,” and the Plaintiff was issued a credit card (credit card number G) in the name of the Defendant after entering into a credit card membership agreement with the Plaintiff as the Defendant, having used the said phone as the Defendant, and then the Plaintiff was issued a credit card (credit number G) in the name of the Defendant. At the time, the Plaintiff omitted the examination using the Defendant’s existing card information.

C. B, while using a credit card issued under the Defendant’s name, lost the credit card, as seen above, and thereafter, on December 3, 2015, the Plaintiff’s call center reported its loss to be reissued the credit card (credit card number H) in the Defendant’s name.

(hereinafter referred to as “instant credit card” issued in the name of the Defendant, regardless of whether before or after the re-issuance. (d)

Meanwhile, the Defendant left Korea on May 12, 2012 and entered Korea on September 14, 2016. The Defendant did not reside in Korea at the time of issuance and re-issuance of the instant credit card.

E. B used the instant credit card on December 25, 2014, including obtaining a loan of KRW 2,200,000 with the instant credit card from the Plaintiff, and on the installment purchase and temporary payment purchase of various goods. On June 1, 2016, the details of the unpaid credit card use amount and the principal and interest of the credit card as of June 1, 2016 are as listed below.

I

E. The Plaintiff’s credit card transaction applied to the instant credit card transaction.

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