신용카드이용대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On November 17, 2014, the Defendant entered into a credit card use contract with the Plaintiff, and used credit cards from that time.
B. As of January 7, 2019, the Defendant’s obligation to pay principal and interest on a credit card (principal KRW 3,148,761) is KRW 3,148,761 (interest at KRW 3,00,000 and incidental obligation KRW 148,761). The interest rate for delay under the credit card use contract is 21.8% per annum.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of whole pleadings
2. Determination:
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 21.8% per annum from January 8, 2019, which is the day following the above settlement date to the day of full payment, with respect to the total amount of KRW 3,148,761, and the principal amount of KRW 3,000,000, which is the principal.
B. As to the Defendant’s assertion, the Defendant asserts to the purport that it is difficult to accept the Plaintiff’s assertion that the amount of cash service in arrears is KRW 3,00,00 on September 27, 2018, since the Defendant did not use the Defendant, and the cash service obligation incurred during the preceding month should be paid, but the amount of cash service can either live again or receive a new cash service after five days thereafter. As such, the Defendant’s assertion that the amount of cash service in arrears is KRW 3,00,00,000, because it is a structure for which the amount exceeding the limit (it shall be changed from the existing KRW 1.5 million to KRW 2,300,000) cannot be delayed.
In other words, according to the statement of transactions (credit cards) submitted by the Plaintiff, the following circumstances are stated as follows: (i) the Defendant received cash services 1,500,000 won on September 27, 2018; and (ii) cash services 1,500,000 won on October 23, 2018; (iii) the Plaintiff’s claim is seeking payment of the credit card payment based on the above use; and (iv) the amount of each cash service on the same day.