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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On August 21, 2012, the Defendant entered into a credit card use contract (hereinafter “instant card use contract”) with the Plaintiff, and received and used the credit card (hereinafter “instant card”) from the Plaintiff around that time.
B. The Defendant used the instant card and delayed payment of the instant card usage price from March 27, 2014. As of November 1, 2017, the Defendant’s instant card use price to be paid to the Plaintiff is KRW 19,228,172 (= KRW 17,821,056 + KRW 1,407,116 + KRW 1,407,116).
C. At the time of entering into the instant credit card use contract, the Plaintiff and the Defendant incorporated the standard terms and conditions for personal credit card holders into the content of the contract. According to Article 15(6) and (4) of the standard terms and conditions for personal credit card holders, where a member fails to pay credit card bills on the designated date of payment or loses the benefit of time, he/she shall calculate the number of overdue days from the day following the date of payment to the day of full payment and additionally pay damages for delay calculated at a daily rate based on overdue interest rate (Article 15(4)
(Article 15(6) of the above Terms and Conditions. From November 1, 2017 to November 1, 2017, the overdue interest rate of the instant card use price determined by the Plaintiff is 27.9% per annum.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. Determination:
A. According to the facts acknowledged in the above basic facts as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 27.9% per annum, which is the agreed delay damages rate, from November 2, 2017 to the date of full payment, with respect to the sum of the principal and interest on the instant card use amount of KRW 19,228,172 and the principal amount of KRW 17,821,056, out of the total amount, barring special circumstances.
B. The defendant's judgment on the defendant's assertion is repeated.