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(영문) 서울북부지방법원 2015.05.22 2014나20644

신용카드이용대금

Text

1. The judgment of the first instance court, including the claims modified by the Defendants in accordance with the proceedings of the Defendants, shall be as follows:

Reasons

1. Determination on the cause of the claim

A. The fact that the credit card company A joined as a member of the credit card company on June 15, 2010 and obtained a credit card, and the overdue interest began on August 1, 2013 during the period, and 4,99,605 won, 111,428 won, overdue interest, 171,280 won, 5,282,313 won, and 24% per annum; the overdue interest rate to be determined by the credit card company pursuant to Article 15(6) of the Credit Card Clause was 24% per annum; the deceased on July 26, 2014, the deceased heir, Defendant C, Defendant D, E, foreign exchange card, E, and 111,428 won, overdue interest, and 171,280 won, which were unpaid as of October 11, 2013; and there was no dispute between the parties or between the parties after the merger and the 16th of the above absorption card.

B. According to the facts found above, the net A bears the above credit card user fee (including commission and late payment charge) and its late payment damages, and the Defendants, the heir of the network A, succeed to the net A’s above obligations according to the proportion of inheritance shares. As such, Defendant B, who is the heir of the network, succeeds to the net A’s above obligations (i.e., KRW 5,760,71 won x 3/9) and KRW 1,66,535 won (= KRW 4,99,605 x 3/9), Defendant C, D, and E, 173,847 won (= KRW 5,282,313 x 2/9,313 x below KRW 2/9,99,609 x below KRW 2/99,605 x 2/99) and the obligation to pay late payment damages at the rate of 1,2130 per annum from the following day to the 20th day.

2. If so, the plaintiff's claim of this case against the defendants is accepted due to the reasons. Accordingly, the court of first instance is to revise the judgment, since the defendants received the lawsuit in the first instance and subsequently amended the plaintiff's claim.