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(영문) 서울중앙지방법원 2020.07.16 2019나80741

신용카드이용대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The assertion and judgment

A. The plaintiff's assertion was obtained and used with a credit card from the plaintiff, and agreed that the damages rate for delay in paying the credit card was 20% per annum.

The Defendant did not pay the price from July 15, 2016 to January 16, 2019, and the obligation up to January 16, 2019 to KRW 5,050,552, including the principal amount, KRW 3,098,354, KRW 77,211, overdue charge, KRW 1,876,957.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 5,050,522 and KRW 3,098,354 with 20% interest per annum from January 17, 2019 to the date of full payment.

B. As long as the Plaintiff was unable to submit all documents, such as the application for credit card membership cards, in this case, there is insufficient evidence to acknowledge the fact that the Defendant obtained credit cards from the Plaintiff upon the application for credit card membership, and used them, and there is no other evidence to prove otherwise.

2. The plaintiff's claim should be dismissed as it is reasonable.

The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed.