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대구지방법원 2015.12.22 2015가단123082

1. The Defendant shall pay to the Plaintiff KRW 23,082,059 and KRW 22,161,834 among them, 29.4% per annum from September 8, 2015 to the date of full payment.


1. The Plaintiff is a company that issues and manages credit cards.

On June 30, 2001, the Defendant approved on June 30, 200 to comply with the Plaintiff’s credit card holders’ provisions, prepared an application for membership of card holders, and used the card.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Determination

A. According to the evidence as seen earlier, the Defendant’s debt amount payable as of September 7, 2015 is as follows.

B. Article 28(1) of the Terms and Conditions which the Defendant has approved as to whether to lose the benefit of time provides that “If a member does not pay the credit card use fee or the long-term card loan (credit card loan) (the reasons provided for in Article 7(1)3), the member shall lose the benefit of time, and in this case, the member shall pay the full amount of the credit card use fee immediately upon receipt of a request from the credit card company.”

In addition, according to Article 26 of the Terms and Conditions, if a member loses the benefit of time or the amount of the deposit balance and the amount of the lending limit falls short of the amount of settlement, he/she shall additionally pay damages for delay calculated in accordance with the following formula from the day following the date of settlement to the date of full payment:

According to the evidence above, it can be acknowledged that the Plaintiff uses a credit card and delays the payment from August 6, 2015 at the time when the payment was due. Thus, the Defendant is liable to pay the full amount of the credit card usage fee immediately upon receiving the Plaintiff’s request.

C. Pursuant to Article 26(12) of the overdue interest rate, the overdue interest rate is determined to apply the changed interest rate notified to the Plaintiff’s household every month, and the present overdue interest rate is 29.4% per annum.

3. If so, the Defendant’s conclusion is that: (a) KRW 23,082,059 (interest at KRW 22,161,834: 893,776: 26,449; and (b) the principal amount of KRW 22,161,834; and (c) the agreed delay damage rate per annum from September 8, 2015 to the date of full payment.