beta
(영문) 서울동부지방법원 2017.03.24 2016나3470

신용카드이용대금

Text

1. Revocation of a judgment of the first instance;

2. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

3...

Reasons

1. Facts of recognition;

A. On April 9, 2002, the Defendant concluded a credit card use agreement and a department store license agreement with the Plaintiff, and received and used a credit card and department store card from that time. As of July 8, 2010, the Defendant, as of July 8, 201, imposed on the Plaintiff the obligation on the Plaintiff of the total amount of KRW 21,795,574 (principal principal KRW 6,703,050, overdue interest KRW 14,92,565, interest KRW 25,204, fee KRW 74,755). The overdue interest rate from the following day is 29% per annum.

B. On June 28, 2013, the Plaintiff transferred the claim against the Defendant to the Intervenor succeeding to the Plaintiff, and the Plaintiff’s succeeding intervenor notified the Defendant of the assignment of claims on behalf of the Plaintiff on June 23, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. The fact that the Plaintiff transferred the credit card use fee claim against the Defendant to the Intervenor succeeding to the Plaintiff is as seen earlier.

The plaintiff's claim is without merit.

B. According to the facts of recognition as to the claim of the Plaintiff’s succeeding intervenor, the Defendant is obligated to pay the Plaintiff’s succeeding intervenor the total sum of the principal and interest of the credit card use payment claim and damages for delay of the principal amount of KRW 21,795,574 and KRW 6,703,050 among them, unless there are special circumstances.

C. As to the Defendant’s assertion of extinctive prescription, the Defendant asserts that the extinctive prescription period has expired since the instant lawsuit was filed on July 10, 2010, which was five years thereafter, since the Defendant’s claim for the fee for using the said card occurred on April 9, 2002.

The claim for the use of the above card is due to commercial activities and is subject to the five-year extinctive prescription. As seen earlier, the overdue interest among the credit card use price claims is calculated as KRW 14,92,565 as of July 8, 2010 as at the overdue interest rate of KRW 14,992,565 as of July 8, 2010, which corresponds to approximately seven years and eight months if it is calculated as the overdue interest rate sought by the Plaintiff, and the due date for payment of the credit card use price claim is late