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(영문) 울산지방법원 2020.12.10 2020나10299
신용카드이용대금
Text

Among the judgment of the first instance, the part against the defendant exceeding the payment order shall be revoked, and such revocation shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a corporation engaged in issuing and managing credit cards, etc., and the Plaintiff is a member of the Defendant’s membership.

B. On April 14, 2014, the Plaintiff entered into a credit card use contract with the Defendant (hereinafter “instant credit card use contract”) and issued a credit card (hereinafter “instant credit card”) to the Defendant.

C. The Defendant: (a) allowed Sindoe D to use the instant credit card; (b) D used the instant credit card sales store (E, F, etc.; hereinafter “instant cosmetics sales store”) and the installment transaction without payment of goods (hereinafter “instant installment transaction”).

The Defendant’s debt amount due to the use of the instant credit card is KRW 10,029,682 in total with the principal amount of KRW 39,90,57,861 (the amount calculated by subtracting KRW 1,757,126 from KRW 11,31,314,987 as of June 17, 2019 less the Defendant’s interest rate for arrears as of November 30, 2020) and the principal amount of KRW 9,597,761 as of KRW 431,929,682 in total with the incidental debt, such as the late payment due, and the late payment due, KRW 431,921 in total, and the Plaintiff’s personal credit card member agreement applicable under the instant credit card use contract (hereinafter “instant contract”). The date of settlement is the annual interest rate for arrears as of June 17, 201, and the annual interest rate for late payment due to the late payment due.

E. Relevant statutes and the terms and conditions of this case are as follows.

(5) No credit card merchant shall perform an act falling under any of the following subparagraphs:

1. Making a false transaction with credit cards without selling goods or providing services, etc.;

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