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(영문) 서울중앙지방법원 2018.08.10 2018나15733

신용카드이용대금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion was: (a) on September 1, 2014, the Korea Exchange Bank divided the credit card business sector into the trade name “Foreign Exchange Card Co., Ltd.”; (b) on December 1, 2014, the Plaintiff merged the ice Card Co., Ltd. (hereinafter “IS Card”); and (c) changed the trade name into the current trade name.

On March 28, 1995, the network D (hereinafter referred to as the “the network”) applied for membership with a credit card on the credit card card, and paid the credit card user fee on the agreed date, but if so, the network D agreed to pay damages for delay in accordance with the overdue interest rate determined by the Plaintiff. The overdue interest rate determined by the Plaintiff is 24% per annum after March 18, 2002.

While the Deceased used the credit card that was issued as above, he did not pay the price from the settlement date of June 30, 2009, and on April 7, 2017, the credit card use amount that was not paid as of April 7, 2017 is the sum of KRW 4,18,936, including principal and late payment charges, and KRW 6,38,936.

The Deceased died on May 16, 2009, and the Defendants and E inherited the Deceased.

Therefore, the Defendants are obligated to pay the credit card fee that the Deceased shared to the Plaintiff according to their inheritance shares.

B. The Plaintiff asserted that the deceased applied for membership in a credit card and obtained a credit card on his/her own credit card, and that the credit card user fee in arrears by the deceased reached KRW 6,38,936, including the principal amount of KRW 2,200,000 as of April 7, 2017. However, as long as the Plaintiff failed to submit documents on the grounds of claims, such as the application for membership in the credit card in this case, as long as the Plaintiff did not submit documents on the grounds of claims, it is insufficient to acknowledge the fact that the deceased was issued a credit card by filing an application for membership in the credit card in either case, and there is no other evidence to support this.