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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 June 8, 2010, the Plaintiff Company received an application for subscription to a credit card under the name of the Defendant.
B. The credit card issued on June 10, 2010 by the Plaintiff Company (hereinafter the card in this case) was delivered to the Defendant, Gwangju Mine-gu, 105 Dong 1507, the Defendant’s domicile. The Defendant’s driver’s license in this case confirmed the Defendant’s identity through the process of indicating the date of issuance and the issuance number of the driver’s license, and then delivered the instant card by means of the Defendant’s delivery. The above driver’s license information confirmed by the Houseman is consistent with the actual Defendant’s license information.
C. Regarding the instant card, KRW 11,840,086 of the principal of the card price as of December 6, 2013, the sum of KRW 11,840,086 of the principal of the card price as of December 6, 2013, and KRW 13,681,343 of the late payment charge is not paid.
【Entry and video of the evidence of Nos. 1 through 9】
2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from December 7, 2013 to the date of full payment, with respect to the above KRW 13,685,219 as well as the principal of the non-paid card amount of KRW 11,843,386 as to the Plaintiff, barring any special circumstances.
3. The defendant's wrongful use of the defendant's card alleged that he did not have an obligation to pay the card price since he obtained the card of this case by stealing the name of the defendant, and thus, in light of the above facts, it is insufficient to recognize that the entries of Nos. 1 and 3 in the above facts alone obtained the card of this case by stealing the name of the defendant, and there is no other evidence to prove otherwise.
4. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.