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(영문) 인천지방법원 2015.11.17 2015나51623
신용카드이용대금
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. Facts of recognition;

A. On May 20, 200, the Defendant entered into a credit card subscription agreement with ELD Card Co., Ltd. (hereinafter “Plaintiff”), without distinguishing ELD Card Co., Ltd. and the Plaintiff, and used it with the credit card holder.

B. As of September 4, 2014, the Defendant’s amount of arrears as of September 4, 2014 is (i) the total of KRW 4,60,00,000 for the principal and KRW 201,034 for the use of cash services, including late interest rate of KRW 28.5%) 4,801,034 for the use of the credit card, and (ii) the total of KRW 4,615 for the use of the credit card, including KRW 364,839 for the principal and KRW 360,224 for the installment, late interest rate of KRW 4,61 for the use of the credit card (annual interest rate of KRW 29%) and KRW 12,864 for the principal and KRW 1,06,734 for the temporary payment, and KRW 12,60 for the late interest rate of annual fees, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff 6,246,267 won with 28.5% per annum from September 5, 2014 to the date of full payment, with 360,224 won, which is the principal of the payment for credit card use, to the date of full payment, 29% per annum from September 5, 2014 to the date of full payment, and with 1,054,870 won, which is the principal of the payment for the temporary payment for credit card use, and with 23% per annum from September 5, 2014 to the date of full payment.

3. The defendant's argument as to the defendant's assertion is that since the defendant failed to pay credit card bills due to aggravation of economic situation, it is argued that the amount of debt should be reduced due to the plaintiff's failure to pay the credit card bills, but the circumstance alleged by the defendant cannot be said to obstruct the plaintiff's claim in this case

4. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.

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