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(영문) 춘천지방법원강릉지원 2015.10.06 2015나790
신용카드이용대금
Text

1. According to the reduction of claims in the trial, the judgment of the first instance was modified as follows:

Defendant (Appointed Party).

Reasons

1. Facts of recognition;

A. On February 22, 1999, C entered into a credit card transaction agreement with the Plaintiff to comply with the terms prescribed by the Plaintiff and delayed payment of the principal and interest thereof. As of June 24, 2014, the said principal and interest amount constituted KRW 7,289,405, and KRW 339,219, late payment charges, KRW 19,100,339, including the principal and interest amount, KRW 26,728,963.

B. Since August 1, 2003 determined by the Plaintiff, the overdue interest rate on the credit card use price is 29.9% per annum.

C. C (i) died on April 26, 2009, and (ii) the Defendant (Appointed Party; hereinafter “Defendant”) and the appointed party B (hereinafter “Appointed”) inherited the Defendant’s obligation of KRW 26,728,963 (hereinafter “instant obligation”) with the respective 1/2 equity share of KRW C (hereinafter “the deceased”).

Meanwhile, on June 20, 2014, the Defendant and the designated person inherited the deceased’s property as the court’s 2014-Ma112.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant and the selected person, as co-inheritors of the deceased, are liable to repay the debt of this case to the plaintiff within the scope of the property inherited from the deceased. If calculated by inheritance shares, the defendant and the selected person are liable to pay damages for delay at the rate of 29.9% per annum, which is the agreement between June 25, 2014 and June 25, 2014.

3. Accordingly, the plaintiff's claim of this case against the defendant and the selected person is accepted due to the reasons, and as a result, the appeal by the defendant and the selected person did not have any object of appeal due to the reduction of the claim in the trial court, and as a result, the decision of the court of first instance is modified according to the reduction of the claim in the trial court as above.

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