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(영문) 대구지방법원 2016.06.15 2016나300061
신용카드이용대금
Text

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. Comprehensively taking account of the overall purport of Gap evidence Nos. 2 through 9 as to the cause of the claim, the defendant entered into a credit card use contract with the plaintiff around July 1, 2014 and received a credit card from the plaintiff around July 8, 2014. The defendant used the above credit card and delayed payment of the user fee from June 8, 2015 and agreed to pay the plaintiff 4,186,245 won [the principal amount = 4,04,90 won [the principal amount = 4,04,90 won [the interest rate of KRW 1,982,60,600 cash service 2,010,000 won per annum 12,345 won per annum, interest rate of KRW 74,416,106,626,630 per annum, interest rate of KRW 25% per annum, interest rate of KRW 265% per annum, interest of the plaintiff during the period].

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 4,186,245 won in total and interest 1,982,60 won in installments, 24.5% per annum from July 14, 2015 to the date of full payment; 2,010,000 won in cash services; 29% per annum from July 14, 2015 to the date of full payment; 12,30 won in total of the amount of lump-sum payment; and damages for delay calculated at 23.5% per annum from July 14, 2015 to the date of full payment.

2. Judgment on the defendant's assertion

A. The plaintiff alleged that the defendant's signature was forged to make an application form for membership membership (No. 1) and issued a credit card to the defendant illegally, and the defendant was unable to obtain a credit card due to good credit standing, and thus, the plaintiff issued a credit card to the defendant, which constitutes a cause attributable to the plaintiff.

Therefore, considering the plaintiff's negligence, the claimed amount should be reduced.

B. Determination A, 5.

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