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(영문) 서울중앙지방법원 2019.06.28 2019나8688

신용카드이용대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 12, 2015, the Plaintiff entered into a credit card transaction agreement with the Defendant and issued the credit card (hereinafter “instant credit card”) to the Defendant around that time. Accordingly, the Defendant used the instant credit card.

B. The overdue interest rate on the instant credit card payment determined by the Plaintiff is 16% per annum.

C. From July 5, 2018, the Defendant’s payment of the instant credit card price was overdue, and the overdue amount is the total of KRW 2,043,636, including the principal amount of KRW 1,996,336 as of August 10, 2018 and KRW 47,300 as of August 10, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 16% per annum, which is the agreed interest rate of 16% from August 11, 2018 to the date of full payment, with respect to the sum of the credit card proceeds of this case as of August 10, 2018, the principal amount of KRW 2,043,636, and the principal amount of KRW 1,96,36.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.