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(영문) 서울중앙지방법원 2016.12.14 2016나53045
신용카드이용대금
Text

1. Revocation of a judgment of the first instance;

2. As to the Plaintiff KRW 7,066,193 and KRW 1,700,00 among them, the Defendant shall make April 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On July 2014, the Plaintiff entered into a credit card license agreement with the Defendant (hereinafter “instant credit card use agreement”). On November 17, 2014, the Plaintiff entered into a credit card transaction with a credit card business entity with a credit card company (hereinafter “instant credit card use agreement”). A credit card transaction with a credit card (credit card number B; hereinafter “instant credit card”) issued and used under the said agreement, with a principal of KRW 1,700,000 and a long-term credit card loan transaction with a principal of KRW 5,00,000 (hereinafter “each of the instant transactions”).

B. On November 20, 2014, the Defendant received a report on damage reported to the Bupyeong-gu Police Station in Incheon, stating that “A person without the name will create a new bank Mabpbook to the Defendant, and the Defendant sent the Defendant’s identification card and a copy of the new bank Mabpbook to the above person without the name was sent by facsimile on November 13, 2014, but the person without the name was f0,100,000 won by receiving a loan from a financial institution, including the Plaintiff, in the name of the Defendant.”

1,70,000 won 23.9% 56,552 Long-Term Card Loans ( Card loan) 5,000,000 won 24.7% 309,641 won

C. As of April 28, 2015, the principal and interest on obligations and interest rates in arrears arising from the instant transactions shall be as follows:

Article 24 of the Terms and Conditions of the Credit Card Use Contract of this case (hereinafter referred to as the "Terms and Conditions Provisions of this case") provides that "the card company shall not be liable even if any damage is incurred to its members due to theft, loss, or other accidents, if it confirms that the identification number entered and the identification number reported to the card company are the same when it engages in a transaction using a password, such as cash service, card theory, electronic commerce, etc., and if it is processed with cash service, card theory, electronic commerce, etc. as stated

Provided, That if the member of the card has no intention or negligence, such as the divulgence of a password due to an imprue violence or a danger to the life or body of himself/herself or relatives, etc.

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