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(영문) 서울중앙지방법원 2019.03.15 2017나41445
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

1..

Reasons

1. Facts of recognition;

A. On November 13, 1996, the Plaintiff entered into a credit card transaction agreement with the Defendant and issued a credit card (the card number C; hereinafter “instant credit card”) to the Defendant around that time. The Defendant used the instant credit card.

B. The overdue interest rate on the instant credit card payment determined by the Plaintiff is 27.9% per annum where the overdue period is at least three months from March 3, 2016.

C. As of November 14, 2016, the Defendant’s payment of the credit card price in this case was delayed for not less than three months, and the overdue amount is the total of KRW 6,481,843,843, including the principal amount of KRW 6,408,631, interest61, interest KRW 61,972, late interest KRW 11,240.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 27.9% per annum from November 5, 2016 to the date of full payment, as of November 4, 2016, for the total amount of KRW 6,481,843, and the principal amount of KRW 6,408,631, which is the day following the base date for calculation, such as interest accrued, to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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