1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. B was unable to open a deposit account as a bad credit holder, and the Plaintiff was issued a deposit passbook and an authorized certificate in the name of the Plaintiff, known and known to the general public.

B. B, on March 2, 2012, access to the Plaintiff’s website and entered into a credit card membership agreement in the Plaintiff’s name, and the Plaintiff’s authorized certificate. Around that time, he/she received one copy of the cards from the Defendant (hereinafter “the instant credit card”) from March 7, 2012 to August 20, 2012, and received goods and services equivalent to KRW 8,392,775 in total from March 7, 2012.

C. B was sentenced to six months of imprisonment on May 8, 2013 due to the above fraud, etc. (the Busan District Court Decision 2012Da10584) and appealed, but the appeal was dismissed and became final and conclusive.

[Grounds for Recognition] The absence of dispute or significant facts in this court, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the plaintiff does not bear liability for the amount of credit card use because the defendant neglected the procedure for identification and issued the credit card in the name of the plaintiff B.

As to this, the Defendant asserted that the Plaintiff is liable for the payment of credit card in accordance with the relevant laws and regulations, since the Plaintiff delegated or divulged the means of access, such as an authorized certificate and password, necessary to obtain the instant credit card via the Internet, to B by intention or gross negligence.

나. 판단 (1) 관련 법령 ◎여신전문금융업법 제16조(신용카드회원 등에 대한 책임) ① ~ ④ 생략 ⑤ 신용카드업자는 신용카드회원 등에 대하여 다음 각 호에 따른 신용카드 등의 사용으로 생기는 책임을 진다.

1. Above

2. Omission;

3. The name of another person;