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(영문) 서울중앙지방법원 2019.10.16 2019나19060

부당이득금등 반환

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On July 23, 1999, the non-party deceased C (hereinafter “the deceased”) was originally issued a E card from D Co., Ltd., and thereafter, the company was changed to F Co., Ltd. and the company was merged with the Plaintiff.

The plaintiff is called the plaintiff without any classification below.

The credit card was used with the credit card agreement and the credit card was used, and the amount was in arrears.

B. As of June 12, 2018, the credit card use price in arrears as of June 12, 2018 is the total of KRW 19,748,583, including the principal amount of KRW 18,686,981, interest of KRW 586,798, fees of KRW 252,504, and legal expenses of KRW 222,30.

However, among the above money, the amount used by the defendant after the death of the deceased is KRW 6,233,950.

Meanwhile, from March 1, 2012 to March 1, 2012, the interest rate in arrears between 23% to 29.9% per annum, the Plaintiff is applying differentially to each member and each product.

C. The Deceased died on July 3, 2017, and his/her heir is the Defendant, his/her child.

On February 1, 2018, the Defendant was tried to approve the deceased’s inheritance with the Seoul Family Court Decision 2017Ra8061, which was the deceased’s predecessor, and the said judgment became final and conclusive around that time.

(hereinafter referred to as "the qualified acceptance of this case"). 【The grounds for recognition of Gap's 1 to 5, Eul's 1 to 3, the purport of the whole pleadings.

2. Determination

A. According to the above facts, the Defendant solely inherited the deceased’s credit card user’s liability. As such, the part used by the deceased is within the scope of the property inherited from the deceased (=19,748,583 won - 6,233,950 won) and damages for delay calculated at the rate of 15% per annum as requested by the Plaintiff within the scope of the agreed interest rate from June 13, 2018 to the date of full payment, and the remainder shall be KRW 6,23,950 per annum as sought by the Plaintiff, and the agreed interest rate shall be within the scope of the agreed interest rate from November 16, 2018 to the date of full payment.