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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff entered into an agreement on the operation of credit card and credit insurance with the following content with the Korea Cmat Bank (hereinafter “Cmat Bank”), and the agreement is renewed on a yearly basis. The major content of the agreement is: (i) the amount of damages covered by Cmat Bank incurred by its members by failing to perform their obligation to pay credit card use fees by the month following the end of the insurance period from among the sales slips by each member purchased during the insurance period; (ii) the scope of principal contract: card type-Korean-Korean-U.S. visa card; (iii) the insurance procedure: the method of notifying the Plaintiff of the member who meets the requirements for insurance to obtain the approval from the Plaintiff; and (iv) the aggregate amount of sales by each credit card:
B. A around October 2003, 2003, B subscribed to the Korea-U.S. Credit Card Co., Ltd. as an individual member of the Korea-U.S. Credit Card Co., Ltd., and Cmat Bank notified the Plaintiff of the credit card payment debt against the credit card Co., Ltd., as the credit card holder, and consented by the Plaintiff.
C. B, on July 12, 2007, an insurance accident occurred due to delinquency of KRW 14,734,584, the credit card price of KRW 14,734,584, and on January 15, 2008, the Cmat Bank claimed insurance proceeds to the Plaintiff. The Plaintiff paid insurance proceeds of KRW 14,734,584 to the Cmat Bank on January 29, 2008.
The Plaintiff, as Seoul Central District Court 2012Gaso670735, died on September 14, 2007, and jointly succeeded to B’s property, E and C, and D, their wife and children, and upon the death of E on February 16, 2009, C and D jointly succeeded to E’s property. At the time when the Plaintiff filed a lawsuit on June 19, 2012, B’s heir is C and D.
The court filed a lawsuit against India and D on August 17, 2012 against D shall pay D 7,367,292 won and 6,497,431 won per annum from January 30, 2008 to the date of delivery of a copy of the complaint of this case ( September 3, 2012), and shall pay D 7,367,292 won to the Plaintiff with full payment from the next day.