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(영문) 대전지방법원 2019.02.21 2017나112148
신용카드이용대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The basic facts and the summary of the Parties’ arguments

A. As to this part of the judgment, the reasoning of this court’s judgment is identical to that of the judgment of the court of first instance, i.e., “1. basic facts” and “a summary of the parties’ assertion” as stated in the main text of Article 420 of the Civil Procedure Act. As such, this part of the judgment is acceptable

B. However, as of March 23, 2017, Paragraph 1 (c) of Article 2 of the above judgment states, “The amount which was not repaid out of the credit card use price of this case shall be KRW 950,118, including the principal amount of KRW 34,851,637 as of March 23, 2017, and KRW 35,810,810,462 as of KRW 367 as of KRW 34,851,637 as of March 23, 2017 (= KRW 6,590,296 KRW 28,261,341), and fees and interest of KRW 950,018 (= KRW 464,025, KRW 485,93), KRW 8,707, KRW 35,810,367, KRW 3785,375,785, etc. (see, e.g., evidence number)., 3078.

2. Determination

A. Article 5 of the standard terms and conditions for personal credit card holders with respect to the instant credit card issued by the Defendant’s illegal use of credit card by the Plaintiff (hereinafter “Plaintiff”) shall not allow any other person, including his/her family member, to use the card. Article 39 of the standard terms and conditions provide that if a credit card is lost or stolen, a member shall immediately report the details thereof to the card company by telephone or in writing, etc., and if a member intentionally uses the card, he/she shall not place his/her signature on the card, neglect of management, lending, transfer, custody, delegation of use, etc., or if a member’s family member unlawfully uses the card, the member shall be held liable in whole or in part.

(A) Evidence Nos. 2 and 18. The Defendant shall become the wife before December 10, 2015.

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