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(영문) 인천지방법원 2019.10.10 2019나51720
신용카드이용대금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 8,548,065 and its KRW 8,269,105 among the Plaintiff’s KRW 8,548,065 and the Defendant’s KRW 8,269,105 among them

Reasons

1. Facts of recognition;

A. On May 27, 2016, the Defendant filed an application with the Plaintiff for the issuance of a credit card and membership of a credit card, and used the credit card (hereinafter “instant credit card”) from the next day.

B. The Defendant’s ancillary C came to know that he/she would assist in the trial at the beginning of May 2017, and came to know of his/her knowledge.

C On July 7, 2017, upon being detained by a sentence of imprisonment in a criminal trial, the C requested D to deliver the documents to the Defendant by sending the documents to D.

The above bank contained the credit card of this case, which was delivered by the Defendant to C while selling goods, but D, from the above bank on the same day, withdrawn 1 million won as cash services by taking out the credit card of this case from the above bank, and settled 1.55 million won as the middle and high-ranking payment from E at six months.

C. While the Defendant confirmed the card specifications around July 30, 2017, D was aware of the fact that D used the instant credit card as above, and D filed a criminal complaint around September 6, 2017.

The credit card price in this case is KRW 8,548,065 in total, including principal 8,269,105 won as of September 8, 2017; late 48,288 won; fees 230,672 won; and the overdue interest rate is 24% per annum.

Article 5 (Management of Card) (1) Upon receipt of a card, a member shall directly sign the card in the card signature column and shall not allow any other person, such as his/her spouse and family member, to use the card.

(2) Since the ownership of a card is in the card company, no member may use the card for the purpose of lending, transferring, or collateral to a third party, and use and manage the card with due care as a good manager.

4. All responsibilities arising from the breach or neglect of the implementation of paragraphs 1 through 3 shall be borne by the members.

Article 14 (Short-Term Card Loans (cash Services) (2) In cases of using cash service transactions, the passwords reported by the member to the card company and the passwords entered at the time of application for short-term card loans (cash services).

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