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(영문) 서울중앙지방법원 2017.11.30 2017나45676
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

Facts of recognition

On December 16, 2004, the Defendant concluded a credit card use contract with the Plaintiff and received the credit card from the Plaintiff around that time. According to the above use contract, the overdue interest rate of the credit card use amount is 23.7% per annum in case of overdue interest rate of the credit card use amount and 26.9% per annum in case of cash services (CA).

On September 29, 2009, the Plaintiff received an application for the re-issuance of the non-face-to-face card and issued a new credit card under the Defendant’s name at that time, and the said card was normally used until June 2014.

On June 14, 2014, the Plaintiff issued a new credit card under the name of the Defendant (hereinafter “instant credit card”) according to the re-issuance of automatic renewal.

From March 1, 2016 to May 16, 2016 of the instant credit card amounting to 906,183 won (i.e., installment payment of KRW 105,312 Cash Services of KRW 800,000) and its payment of late payment, etc. up to October 7, 2016. The payment of late payment of KRW 1,027,780 has not been made until February 23, 2015 with the long-term credit card using the instant credit card. The payment of late payment of KRW 1,027,780 has not been made until March 7, 2016, with the long-term loan using the instant credit card, KRW 90,000,000 on March 24, 2015; KRW 2,300,000 on December 23, 2015 to the financial account under the name of the Defendant; however, the principal and interest payment of KRW 10,84.7.

(The plaintiff asserts that there is no dispute over the overdue interest rate of the above long-term card loan 26.9% per annum 26.9% (the basis for recognition), each entry of Gap evidence Nos. 1 through 6, 7 through 12 (including the serial number; hereinafter the same shall apply), the purport of the entire pleadings, and the purport of the whole pleadings, and that the plaintiff is liable to pay the plaintiff the above unpaid interest rate, credit card loans and delay damages as the contractor of the credit card contract of this case, as the user of the credit card of this case.

On June 14, 2014, the defendant applied for renewal of the credit card of this case.

or from the plaintiff.

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