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(영문) 의정부지방법원 2016.06.08 2016가단104906
신용카드이용대금
Text

1. The Defendant’s KRW 23,628,077 and KRW 8,492,257 out of the said money from February 3, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff entered into a credit card use contract with the Defendant on April 4, 1989, and issued a credit card to the Defendant.

According to the credit card use terms and conditions incorporated into the terms and conditions of the above credit card use agreement entered into by the Plaintiff and the Defendant, where the Defendant, a credit card holder, delays the payment, the Defendant shall lose the profits arising from the remainder of the payment, and pay the overdue

On December 28, 2015, the Defendant began to delay the credit card usage payment obligation against the Plaintiff, and on February 2, 2016, the Defendant’s credit card usage payment obligation against the Plaintiff as of February 2, 2016 is as follows.

The fact that 23.5% per annum 23.5% per annum 2,504,960 won per annum 23.5% per annum 2,048 won per annum 2,517,008 won per annum 2 card use price (per annum) 4,046,620 won per annum 24.5% per annum 13,172 won 4,059,792 won per annum 3 cash services 8,492,257 won per annum 28.8% per annum 28.8% per annum 28,789 won, 8,686,046 won per annum 4 card theory 8,229,967 won per annum 23.5% per annum 23.5% per annum 264 won, 8,365,231 won per annum 273,804 won, 35273,2773, per annum 2736

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff late February 3, 2016 the late 23,628,077 won and the late 24.5% per annum for the above 4,046,620 won from February 3, 2016 to the date of full payment. 8,492,257 won per annum for 28.8%, 10,734,927 won per annum for the above 28.8%, 10,734,927 won (=2,504,960 won) to the Plaintiff.

2. Judgment on the defendant's assertion

A. On December 28, 2015, the Plaintiff claimed KRW 23,628,077, including the remainder for which the due date has not yet arrived, even though the credit card price that the Defendant did not pay was due as of December 28, 2015.

Therefore, the part of the plaintiff's claim amount exceeding the above 15,879,452 won is not liable for payment.

B. The instant case also complies with the Defendant’s assertion.

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