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(영문) 인천지방법원 2020.08.26 2019나69462

신용카드이용대금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Defendant was issued a credit card by attending as a credit card member of the Plaintiff Company.

B. The Defendant agreed to pay damages for delay calculated by the overdue interest rate set by the Plaintiff Company.

C. The Defendant did not pay the card price after April 5, 2018.

As of December 17, 2018, the arrears amount of the credit card under the name of the defendant and the arrears interest rate determined by the Plaintiff Company shall be as follows:

C [Ground for recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of the unpaid card payment and the late payment penalty amount of KRW 5,691,492 and the principal amount of KRW 3,027,288 as well as KRW 24% per annum for the Plaintiff, KRW 15.5% per annum for the principal amount of KRW 60,490, and KRW 19% per annum for the principal amount of KRW 1,80,000 per annum for the principal amount of KRW 19% per annum, barring any special circumstance.

B. The defendant's assertion 1) The defendant's request for payment of interest on behalf of another person was received from the plaintiff company and the defendant was not responsible for the defendant since he received card loan from the plaintiff company, but as long as the defendant obtained a credit card under his own name and used it, the defendant cannot be exempted from liability for payment of the price. 2) The defendant argues that he is the victim of the crime, but it is not sufficient to recognize the above only by the statement of the evidence Nos. 1 through 6, and there is no other evidence

3. In conclusion, the plaintiff's claim of this case should be accepted for reasons.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.