(영문) 서울중앙지방법원 2018.06.21 2017나76441

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(영문) 서울중앙지방법원 2018.06.21 2017나76441

신용카드이용대금

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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. The Plaintiff was issued a credit card to the Defendant Company on August 28, 2002. However, as of July 5, 2017, the Defendant Company did not pay a total of KRW 10,932,354, the sum of KRW 4,994,797, interest KRW 5,937,557, and KRW 10,932,354, and the overdue interest rate applicable to the credit card use amount is 23.7% per annum.

(hereinafter referred to as “the instant credit card payment”). 【The ground for recognition” has no dispute, entry in Gap’s evidence Nos. 1 through 4, and 6 (each number is included; hereinafter the same shall apply) and the purport of the whole pleadings.

2. According to the facts of the determination as to the cause of the claim, the Defendant Company is obligated to pay to the Plaintiff the principal and interest of KRW 10,932,354 as well as the principal and interest of KRW 4,994,797 as the principal and interest of KRW 10,932,354 as well as damages for delay at the rate of 23.7% per annum from July 6, 2017 to the date of full payment.

3. As to the defendant's assertion, the defendant company asserts that since Eul, the representative director of the defendant company, filed an application for credit recovery support for various debts including the credit card price in this case with the Credit Counseling and Recovery Commission, it cannot accept the plaintiff's credit card payment claim.

In full view of the overall purport of the statements and arguments in the evidence Nos. 5 through 7, and No. 1, the Plaintiff issued two personal credit cards to the representative director B of the Defendant Company in addition to the instant credit card issued by the Defendant Company. On May 31, 2013, the Plaintiff transferred the claim KRW 7,473,326 in total of the principal and interest of the two credit card payments that were not repaid by B to the Defendant Company, and the Credit Counseling and Recovery Service approved by the Credit Counseling and Recovery Service on the debt details including the above credit card payments obligations.

However, the defendant company's credit card payment obligation of this case is in B of the Credit Counseling and Recovery Service.

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