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(영문) 서울중앙지방법원 2014.01.21 2013나17482
신용카드이용대금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 3,552,676 and KRW 2,976,893 among the Plaintiff’s KRW 22,201.

Reasons

1. 당사자의 주장 원고는, 피고가 2010. 7. 4. 원고(변경전 상호: 하나카드 주식회사)에게 신용카드회원가입신청을 하여 원고로부터 빅팟카드(이하 ‘이 사건 신용카드‘라고 한다)를 발급받아 사용한 다음, 신용카드 이용대금 2,976,893원과 지연손해금 575,783원 등 합계 3,552,676원을 지급하지 아니하였다면서 피고에 대하여 위 돈의 지급을 구한다.

In regard to this, the defendant did not request the plaintiff to join the credit card holder, used the credit card of this case, and claimed that the writing recorded in the application form for joining the credit card holder cannot respond to the plaintiff's request because it is not the defendant's penure.

2. In full view of the following facts: (a) the application for membership of a credit card holder on July 4, 2010 with respect to the instant credit card issued by the Plaintiff (hereinafter “instant application for membership”) was prepared in the name of the Defendant: (b) the Defendant’s address is as follows: (c) the payment bank receives one bank in the name of the Defendant; (d) the credit card holder’s account number is as “C”; (d) the payment bank received the credit card number and the family member’s credit card number is as “C”; and (e) the applicant’s application for membership was sent to the Defendant with respect to the instant credit card issued by the Plaintiff; and (b) the Plaintiff was issued with the credit card number as indicated in the above application for membership; and (c) the Defendant was issued with respect to the instant credit card number on August 12, 201; and (e) the Defendant was issued with the credit card number as indicated in the credit card number No. 3601, Aug. 12, 2010.

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