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(영문) 수원지방법원 2016.06.15 2015가단21369
신용카드이용대금
Text

1. The Defendant shall pay to the Plaintiff KRW 26,152,840 as well as KRW 24,091,134 among them, from April 15, 2015 to the day of full payment.

Reasons

1. Evidence Nos. 1 through 4, 16, and the purport of the whole pleadings;

A. On August 2012, the Plaintiff entered into an agreement with the Defendant to join a credit card member with the content that the Plaintiff would issue a credit card to the Defendant, and the Defendant agreed to comply with each of the provisions set forth in the Credit Card Member Regulations, and to pay the principal and interest on the price and the loan by the credit card issued by the Plaintiff by the Plaintiff by the 15th day of each month, and to pay the overdue interest in arrears by adding the overdue interest

Accordingly, the Plaintiff issued a credit card (B, hereinafter “instant credit card”) to the Defendant.

B. The overdue interest rate determined by the Plaintiff was changed from March 5, 2004 to 29.9%.

C. The Plaintiff terminated a transaction agreement on the use of credit cards because the Defendant did not pay the usage fee by the settlement date of credit card usage fees, and the Defendant lost the benefit of time.

As of April 14, 2015, Defendant KRW 321,30 of the principal of the temporary payment as of April 14, 2015; KRW 44,848 of the late-paid interest; KRW 520,652 of the late-paid interest; KRW 42,091 of the late-paid interest; KRW 5,756,182 of the cash service; KRW 113,830 of the fee; KRW 19,99,983 of the late-paid interest; KRW 17,493,00 of the card principal; KRW 1,161,447 of the fee; KRW 49,507 of the late-paid interest; KRW 24,091,134 of the debt principal; KRW 1,275,277 of the late-paid interest; KRW 786; KRW 429,840 of the late-paid interest; and

2. The allegations by the parties and the judgment of this court

A. According to the above recognition of credit card user-price claim, the Defendant is obligated to pay the Plaintiff a credit card user-price of KRW 26,152,840 and delay damages of KRW 24,091,134, except in extenuating circumstances.

B. The Defendant’s defense of exemption (1) The Defendant’s defense against the Defendant’s assertion (A) stolen the instant credit card under the Defendant’s name and unlawfully used the instant credit card using a password prior to being known.

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