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(영문) 서울중앙지방법원 2017.02.03 2016나50992

신용카드이용대금

Text

1.In accordance with changes in claims in the trial, the judgment of the first instance shall be changed as follows:

The defendant is net for the plaintiff.

Reasons

1. Basic facts

A. B entered into a credit card transaction agreement with a credit card company on January 20, 201, where the card price is overdue, B paid damages for delay according to the overdue interest rate set by the said company. The current overdue interest rate is 25% per annum.

B. B, from April 15, 201, failed to pay the credit card user fee from around January 29, 201, to pay the sum of KRW 20,943,258 as of January 29, 2016 (i.e., principal amount of KRW 9,448,302 overdue interest, etc.).

C. B died on August 28, 2015, and as inheritor, there exists C, D, and E, who is the spouse. On January 29, 2016, the Defendant was rendered a judgment on the approval of inheritance limited by inheritance as the High Government District Court Decision 2015Mo4263 on January 29, 2016, and C, D, and E was rendered a judgment on the renunciation of inheritance as the High Government District Court Decision 2015Mo4262 on January 29, 2016.

On December 1, 2014, the foreign exchange card corporation merged the company, which was changed to one card corporation (Plaintiff).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including each number), the 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 25% per annum, which is the interest rate of 25% per annum, from January 30, 2016 to the date of full payment, with respect to the total amount of 20,943,258 won and the principal amount of 9,448,302 won among them, within the scope of property inherited from the net B.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance shall be modified according to the above modification of the claim in the trial, and it is so decided as per Disposition.