beta
(영문) 부산지방법원 2015.01.30 2014나7091

신용카드이용대금

Text

1. The defendant's appeal is dismissed.

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

Reasons

1. Facts of recognition;

A. B entered into a credit card use agreement with the Plaintiff on December 8, 2004, and obtained and used a lot card and Ameri X-ray card (hereinafter “Mexico card”).

B. around 2005, B did not pay the amount of KRW 506,769, and Mexico card 877,500. Interest and delay damages as of September 17, 2013 are 1,266,691, Mexico card 2,211,946, and the agreed interest and delay damages rate on delay in the use of the card is 29% per annum.

C. B died on February 14, 2005, and the Defendant and C, a child of B, succeeded to B.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 3, and 4, the purport of the whole pleadings

2. According to the above facts of determination, the defendant, as the heir of B, is obligated to pay to the plaintiff the delay damages calculated at the rate of 29% per annum, which is the rate of delay damages from September 18, 2013 to the day of full payment, for the sum of the principal and interest of the credit card usage payment obligations corresponding to the share of inheritance / [(506,769 won, KRW 877,500 won, KRW 1,266, KRW 291 won, KRW 211,946) / 2] and the principal of which is 692,134 won [((506, KRW 877,500 won)] ± 2,431,453 won per annum from September 18, 2013 to the day of full payment.

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