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1. The defendant shall pay to the plaintiff KRW 22,867,271 and KRW 22,013,517 among them, from July 12, 2014 to the day of full payment.
Reasons
1. Facts of recognition;
A. A. Around May 18, 1990, the Defendant concluded a credit card membership agreement with the Plaintiff Korea Exchange Bank (which was divided into Korea Exchange Card Co., Ltd., but was changed to one card Co., Ltd.) and agreed to additionally bear damages for delay calculated by the Plaintiff’s overdue interest rate as to the overdue interest rate if the credit card was issued by the Plaintiff at that time.
B. As of July 11, 2014, the Defendant failed to pay the above credit card user fee from May 28, 2014, which was due to the settlement date, KRW 22,867,271 in total, including the principal amount of KRW 22,013.517, and the overdue interest rate determined by the Plaintiff is 24% per annum.
[Ground for Recognition: Unsatisfy, Gap evidence 1 through 4 (including branch numbers, if any); hereinafter the same shall apply)
(2) Each entry and the purport of the whole pleading
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 24% per annum of the agreement as to the total amount of KRW 22,867,271 and the principal amount of KRW 22,013,517 among the above amounts, from July 12, 2014 to the date of full payment.
As to this, the Defendant had resided in the Philippines since the date when the Defendant went to the Republic of Korea on November 5, 1999, and had not been using the said credit card after April 2009, which was the expiration date of the credit card re-issued by the Plaintiff, the last day of 2004, and there was no use of the said credit card after the expiration date of the credit card re-issued by the Plaintiff, and the said credit card usage amount was the amount incurred by the illegal use in the Republic of Korea by Nonparty B, who is the Defendant, against the Defendant’s will. The Plaintiff was negligent in not properly verifying the identity at the time of the said non-issuance, and by failing to communicate to the Defendant, even with the knowledge that B was using the said credit card unlawfully.