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(영문) 서울중앙지방법원 2018.11.27 2018나53735
신용카드이용대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. On March 2008, the Defendant entered into a credit card use contract (hereinafter “the instant credit card use contract”) with the Plaintiff (the Plaintiff was established by dividing the credit card business division into the Plaintiff’s bank on April 1, 2013; hereinafter “Plaintiff”) and received additional issuance of the credit card (the card number B: hereinafter “the instant credit card use contract”) around that time.

As of April 7, 2014, the principal of the cost of using the credit card under the instant credit card contract is KRW 19,646,50, and fees, interest, and delay damages are KRW 26,252,970, and the overdue interest rate of the said credit card is KRW 28% per annum.

Article 3 (Management of Card) (1) Upon receipt of a card, a member shall directly sign the card signature column and shall not allow any other person, other than his/her spouse, family, etc., to use the card.

(c) all the responsibilities arising from the breach or neglect of the implementation of paragraphs 1 through 3 shall be borne by the members of the Council.

Article 20 (Reporting on Loss or Theft of Cards and Compensation) (3) If a member falls under any of the following subparagraphs, the member shall assume all responsibilities for unlawful use (excluding any loss or theft that occurs after the time of reporting on loss or theft):

2. In the event of unlawful use of a card due to the failure to sign, manage negligence, lending, transfer, keeping, delegation of use, provision of security, illegal loan, etc., the major contents of the standardized terms and conditions for personal members of credit cards (hereinafter “instant standardized terms and conditions”) applicable to the instant contract for the use of credit cards are as follows:

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the Defendant’s total overdue interest of KRW 45,89,470 (=principal interest of KRW 19,646,50, interest and delay damages of KRW 26,252,970) and the Defendant’s principal of KRW 19,646,50 among them, barring any special circumstances.

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