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(영문) 서울중앙지방법원 2018.11.06 2018가단44303

신용카드이용대금 청구의 소

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1. Defendant (Appointed Party) A, Appointed B, and C respectively within the scope of the property inherited from the network D to the Plaintiff.

Reasons

1. In fact, the following facts do not conflict between the parties, or may be acknowledged by comprehensively considering the overall purport of the pleadings in each of the statements in Gap evidence 1-3, Gap evidence 2-3, and evidence Nos. 2 and 3.

D As of July 23, 2018, with a credit card issued by the Plaintiff on April 14, 2017, the Plaintiff was liable for the principal amounting to KRW 34,824,672, overdue interest amounting to KRW 2,890,794, and the overdue interest rate is 12.81%.

B. D The deceased on December 26, 2017 (hereinafter “the deceased”) and the deceased’s inheritors are the Defendant (Appointed Party; hereinafter “Defendant”) and the Appointor B, and C.

The inheritor filed a report on the inheritance-limited recognition with the Cheongju District Court 2018 Madan10035, and the above court rendered a judgment to accept it on May 8, 2018.

2. According to the above facts, Defendant A, Selected B, and C are obligated to pay to the Plaintiff delay damages calculated at the rate of 12.81% per annum, which is the overdue interest rate of 12.81% from July 24, 2018 to the date of full payment, within the scope of their respective property inherited from the Deceased.

3. Conclusion, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the costs of lawsuit are determined to be borne by each party, taking into account the fact that the plaintiff's claim was partially reduced according to the defendant's inheritance limited acceptance defense.