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1.The judgment of the first instance shall be modified as follows:
The defendant shall, within the scope of the property inherited to the deceased A,5.
Reasons
1. Facts of recognition;
A. On November 15, 2005, A filed an application with the Plaintiff for membership of credit card holders, received a credit card from the Plaintiff, and used the said card from that time. At the time of membership of the said credit card holders, the Plaintiff and A agreed to pay damages for delay according to the overdue interest rate determined by the Plaintiff if the credit card price is overdue. (2) A did not pay the said card price thereafter, and as of May 2, 2016, 208,333 won was unpaid. The overdue interest rate on the card price determined by the Plaintiff is 23.5% per annum.
B. The loan arrears 1) A is a loan made by the Plaintiff using the said credit card, with the interest rate of KRW 23.3% per annum on October 6, 2014 and the due date for payment fixed on December 5, 2016 (hereinafter “loan 1”).
(2) Loans shall be extended at the rate of 23.3% per annum and as of May 5, 2016 (hereinafter referred to as “second loans”) on October 21, 2014.
(2) At the time of each of the above loans, Article 8(2) of the Plaintiff’s Standard Terms and Conditions for Credit Transactions approved by the Plaintiff and A as applicable to each of the above loans provides that a debtor shall lose the benefit of time when the repayment of interest, etc. has been delayed for a period of one month. (2) As of December 29, 2015, A lost the benefit of time due to the failure to repay the agreed interest, etc., and as of December 29, 2015, the first loan remains in KRW 2,886,122, interest rate of KRW 102,036, interest rate of KRW 102,036, interest rate of KRW 1,94,453, interest rate of KRW 65,713.
C. A’s death, the Plaintiff’s qualified acceptance and the Plaintiff’s acceptance of a lawsuit on January 31, 2016 during the instant lawsuit. A’s bereaved family member died on January 31, 2016, and C and her wife are the Defendant. On April 18, 2016, C filed a report to waive the deceased A’s property inheritance with the District Court Decision 2016Ra761, Apr. 18, 2016, and received a ruling from the above court to accept a report on the renunciation of inheritance from the above court, and the Defendant solely received the deceased’s property.