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(영문) 서울중앙지방법원 2019.09.25 2019나23083

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

The Defendant obtained credit card from the Plaintiff and used the credit card, and on October 23, 2018, the debt amount of the credit card use price as of October 23, 2018 is KRW 35,823,741 (= Principal KRW 35,394,944 and incidental debt KRW 428,797). The fact that the agreed overdue interest rate is 23% per annum is no dispute between the parties.

(1) The Defendant is obligated to pay to the Plaintiff damages for delay calculated based on the agreed interest rate of 23% per annum from October 24, 2018 to the date of full payment, as to KRW 35,823,741 and the principal amount of KRW 35,394,94.

Although the defendant asserts that he has no ability to repay, it shall not be a legal ground to block the plaintiff's claim.

The plaintiff's claim is justified.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed.