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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 4:
The Plaintiff is a company engaged in the issuance and management business of credit cards under the trade name of “A”.
B. On September 28, 1994, the Plaintiff concluded a credit card membership agreement with the Defendant and issued the credit card to the Defendant. The Defendant used the said credit card from that time.
C. From February 27, 2003, the Defendant delayed using the above credit card from around February 29, 2018. The Defendant’s overdue credit card use amount as of June 29, 2018 is KRW 90,235,217 (the principal amount of KRW 16,66,64, the late payment charge, etc.) as stated below.
(hereinafter referred to as “the instant credit card user-price claim”) . (1) The amount of lump-sum payment: 4,602,906 won, including principal and late payment, 1180,000 won: 19,671,613 won, including principal and late payment charges, and 19,671,613 won, including late payment charges: Fees for the use of cash services: 49,159,374 won, including principal and late payment charges: late payment charges 134,60 won:
D. The Plaintiff’s overdue interest rate applied around February 27, 2003, which was the time of the Defendant’s first overdue interest, is 24% per annum.
2. Determination
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum from June 30, 2018 to the date of full payment, which is the agreement, with respect to KRW 90,235,217 and principal KRW 16,66,66,64 among the above amounts, barring any special circumstance.
The Plaintiff sought payment of 29.9% per annum for the total amount of 15,486,664 won for installment payments and cash services (1,1,000 won) and damages for delay calculated at the rate of 25% per annum for the amount of 1,180,000 won for temporary payment. However, the fact that the arrears rate applied around February 27, 2003, which is the time when the Defendant first arrears occurred, is 24% per annum is as seen earlier, and only the evidence submitted by the Plaintiff.