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(영문) 서울중앙지방법원 2018.01.29 2017나61500
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The status of the parties, etc. 1) Defendant P Co., Ltd. (hereinafter “Defendant P”)

(1) Defendant Q Co., Ltd. (hereinafter “Defendant Q”) is a stock company engaged in the business of issuing, selling, and managing credit cards and pre-paid cards.

(2) The Plaintiffs are those persons who have used or used a credit card, etc. upon entering into a contract for the use and financial transaction with Defendant P and credit cards, etc.

B. The concept of the card accident analysis system and the introduction card accident analysis system (hereinafter “FDS”) are introduced by all domestic credit card companies as a system to detect abnormal or fraudulent use due to theft, loss, forgery, etc. of credit cards. According to FDS, an analysis model is made based on statistical methods using large-scale card use information and pertinent customer information based on past accident transactions and based on this, if it is discovered that abnormal types of transactions have occurred according to the statistical analysis pattern of the credit card when using the credit card.

C. Defendant P’s conclusion of the FDS development service agreement and the provision of credit card customer information by Defendant P P around May 2009, upon introduction of FDS through Defendant Q, the need for the fD was raised. Around May 2012, Defendant P entered into a development service agreement for the fDS, which had been newly constructed with Defendant Q Q, again. Around May 2012, Defendant P provided FD development service for reasons that it is necessary for the development work during the period of the FDS development project, and Defendant Q’s project overall project R, etc. from May 2012 to December 2012.

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