logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.09.18 2019나13826
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. The judgment on the cause of the claim is that the Defendant entered into a credit card use contract with A and used credit cards including cash services until October 23, 2003. The Defendant’s obligation to pay credit card bills from November 12, 2003 to pay the credit card bills is KRW 9,788,596 [The Defendant’s obligation to pay the principal and interest on the credit card bills as of October 7, 2008 [the principal amount of the credit card bills = KRW 4,117,32 overdue interest of KRW 5,671,264 (annual 28%). The Plaintiff is a company established after the continuation of the lawsuit in this case by dividing it into A on April 1, 2013, and the Plaintiff did not conflict between the parties, or comprehensively succeeded to the status and rights and obligations of the Defendant as a contracting party, or can be recognized by the entries in the evidence No. 1, 5, and No. 4.

According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of 9,788,596 won and the principal amount of 4,117,32 won among the credit card payments and overdue interest, and to pay damages for delay calculated at the rate of 28% per annum from October 8, 2008 to the day of full payment, which is the day following the above base date.

2. The defendant's assertion argues that the plaintiff's credit card-price claim expired after the five-year extinctive prescription period.

On October 23, 2003, the defendant used the credit card of this case for the last time on or around October 23, 2003, and the plaintiff's credit card payment claim was due within one month long from the date when the defendant used the credit card. Thus, since the plaintiff filed the lawsuit of this case on October 31, 2008, which was five years after the due date, it cannot be deemed that the expiration date of the plaintiff's credit card payment claim has expired.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, 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. It is so decided as per Disposition.

arrow