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(영문) 서울중앙지방법원 2016.08.09 2015가단5398509
신용카드이용대금
Text

1. The Defendant’s KRW 23,843,012 and its weight to the Plaintiff:

(a) As regards KRW 9,420,200, the day of full payment shall be from December 31, 2015 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. (i) Around June 21, 2013, the Defendant approved that the standard terms and conditions of individual member of a credit card apply between the Plaintiff and the Plaintiff, entered into a contract for the use of the credit card and used the credit card.

Luxembourg The Defendant has failed to pay the credit card bills, but the overdue amount as of December 30, 2015 is as listed below:

Article 26 of the standard terms and conditions for personal credit card holders provides that if a member fails to pay credit card bills on the date of payment or loses the benefit of time, he shall calculate the number of days in arrears from the day following the date of payment to the date of full payment and additionally pay damages for delay calculated at the rate of overdue interest, and the rate of overdue interest shall be determined and notified each month by the plaintiff.

The overdue interest rate notified by the Plaintiff to the Defendant through e-mail of the monthly use price guidance shall be as indicated in the corresponding “interest rate” column of the said Table.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

B. According to the above facts, the Defendant, barring special circumstances, is obligated to pay to the Plaintiff the amount of KRW 23,843,012, and the amount of KRW 9,420,20,00 (= KRW 29,020,391,180), which is the following day from December 31, 2015 to the date of full payment, the agreed interest rate of KRW 23.7% per annum, which is the overdue interest rate of KRW 13,421,109 (= KRW 9,231,084, KRW 4,190,025) from December 31, 2015 to the date of full payment.

2. Judgment on the defendant's assertion

A. At the time of concluding a credit card use contract, the Defendant did not receive a notice from the Plaintiff that the overdue interest rate is 24.7% per annum, and thus, the Defendant asserts that the portion exceeding 20% per annum is null and void, but there is no evidence to acknowledge it.

Rather, credit cards approved by the defendant as applicable to the above credit card service contract.

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